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Commonwealth of Massachusetts

NO. BD-2003-005


S.J.C. Judgment of Disbarment entered by Justice Spina on May 16, 2006.1


On December 13, 2002, the respondent was convicted in the Barnstable Superior Court of larceny of property over $250 in violation of G. L. c. 266, § 30; two counts of forgery in violation of G. L. c. 267, § 1; uttering a worthless bank bill or note in violation of G. L. c. 267, § 28; and uttering a false, forged, or altered record, deed, instrument, or other writing in violation of G. L. c. 267, § 5. These felony convictions arose from the respondent’s misappropriation of insurance settlement proceeds from a client he represented in a personal injury case. The respondent was sentenced to one year in the house of correction on the larceny count and five years of probation on the forgery conviction and the conviction for uttering, with conditions that included a prohibition on his engaging in the practice of law in any jurisdiction.

The respondent was temporarily suspended from the practice of law on February 13, 2003. Matter of Queen, 19 Mass. Att’y Disc. R. 360 (2003). Bar counsel filed a petition for discipline on February 25, 2003.

The Appeals Court upheld the respondent’s conviction on August 12, 2005, in an unpublished opinion, Commonwealth v. Queen, 64 Mass. App. Ct. 1104, 2005 WL 1924209. On March 10, 2006, the respondent submitted an affidavit of resignation pursuant to S. J. C. Rule 4:01, § 15, in which he acknowledged that the material allegations of the petition for discipline were true and that the evidence established violations of Mass. Rules of Prof. C. 1.15(a), (b), and (d), all as in effect prior to July 1, 2004, and Mass. Rules of Prof. C. 8.4(b), (c), and (h). Bar counsel asked that the Board of Bar Overseers recommend to the Supreme Judicial Court for Suffolk County that the affidavit of resignation be accepted and a judgment of disbarment enter retroactive to the effective date of the temporary suspension.

On April 10, 2006, the Board of Bar Overseers voted to accept bar counsel’s recommendation. On May 16, 2006, the county court (Spina, J.) entered a judgment of disbarment effective retroactive to February 13, 2003.

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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