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Commonwealth of Massachusetts

NO. BD-2002-040


S.J.C. Order of Term Suspension entered by Justice Ireland on September 23, 2002.1


On June 10, 2002, the respondent was suspended for one year by the Supreme Court of New York, Appellate Division, Second Department, for multiple instances of commingling personal and client funds and issuing checks from his client funds account when there were insufficient funds in the account belonging to the recipients of the checks. In mitigation, the respondent asked the court to consider his substantial experience and achievements as a civil rights lawyer and his community service. In addition, the respondent had not converted client funds or caused his clients to be deprived of funds due them. See Matter of Sussman, 744 N.Y.S.2d 183 (2d Dept. 2002).

The respondent was administratively suspended in Massachusetts on July 31, 1995. He did not seek reinstatement and did not comply with S. J. C. Rule 4:01, § 17, as was required after thirty days of administrative suspension. The respondent did not provide certified copies of the order of suspension or otherwise provide notice of the suspension to the Board of Bar Overseers or to bar counsel, in violation of the requirements of S. J. C. Rule 4:01, § 16(6).

Bar counsel filed a petition for reciprocal discipline on July 2, 2002. On July 23, 2002, the respondent filed a reply to the petition. On September 18, 2002, the Supreme Judicial Court for Suffolk County (Ireland, J.) conducted a hearing on the petition for reciprocal discipline. The respondent did not appear at this hearing. On September 23, 2002, the county court entered an order suspending the respondent from the practice of law in the commonwealth for one year, effective immediately.

1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

2 Compiled by the Board of Bar Overseers based on the record before the Court.

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