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Commonwealth of Massachusetts

NO. BD-2003-032


S.J.C. Judgment of Disbarment entered by Justice Sosman on July 7, 2003, with an effective date of August 6, 2003.1


The respondent was disbarred on default after failing to answer a Petition for Discipline filed by Bar Counsel and failing to appear before the single justice of the Supreme Judicial Court. The allegations of the petition, which were admitted by the respondentís default, were that:

He misappropriated and converted to his own used $85,000 which had been entrusted to him to hold in escrow pending resolution of a domestic relations case.

He abandoned the practice of law and disappeared without any notice to his clients, leaving a number of them with unfinished business. He took fees from prospective clients and did nothing at all to complete the assignments given to him by those clients. He did not return the unearned fees.

He failed to cooperate with Bar Counselís investigation, necessitating the issuance of a subpoena to compel his presence. He failed to respond to the subpoena.

The respondent was found to have committed the following violations of the Rules of Professional Conduct:

Dishonesty, fraud, deceit, and misrepresentation
Mass. R. Prof. C. 8.4(c).

Failure to segregate, safeguard, and account for clients' funds
Mass. R. Prof. C. 1.15(a) and (b).

Conduct that adversely reflects on his fitness to practice law
Mass. R. Prof. C. 8.4(h).

Lack of diligence
Mass R. Prof. C. 1.3.

Failure to communicate with his clients
Mass. R. Prof. C. 1.4(a) and (b).

Failure to withdraw when unable to represent his clients
Mass. R. Prof. C. 1.16(a).

Failure to refund unearned fees
Mass. R. Prof. C. 1.16(d).

Failure to Cooperate with Bar Counsel
Mass. R. Prof. C. 8.1(b) and S.J.C. Rule 4:01, ß 3(1).

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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