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Commonwealth of Massachusetts

NO. BD-2004-068

IN RE: BERTRAM A. SCOTT

S.J.C. Judgment of Disbarment entered by Justice Cowin on December 21, 2004.1

SUMMARY2

On November 29, 1999, the respondent was disbarred by the Supreme Court, Appellate Division, Second Department in New York, for violations of the Code of Professional Responsibility, DR 1-102(A)(4) and DR 9-102(A) and (B). The decision is reported as Matter of Scott, 263 A.D.2d 125, 699 N.Y.S.2d 95 (2d Dept. 1999). The respondent did not provide certified copies of the judgment of disbarment or report his disbarment to the Massachusetts Board of Bar Overseers or to bar counsel, thereby violating S. J. C. Rule 4:01, § 16(6).

On August 23, 2004, bar counsel filed a petition for reciprocal discipline with the Supreme Judicial Court for Suffolk County. An order to show cause entered on September 15, 2004, requiring the respondent to show why he should not be subject to reciprocal discipline. Bar counsel served the respondent by mailing the order to show cause and the petition to the last home address registered with the registration division of the Board of Bar Overseers.

On December 6, 2004, the county court scheduled a hearing on the petition for reciprocal discipline for December 13, 2004. The notice was sent to the respondent’s registered home address.

The respondent did not appear at the hearing on December 13, 2004. On December 21, 2004, the Supreme Judicial Court for Suffolk County, (Cowin, J.), entered a judgment of disbarment, 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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