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Commonwealth of Massachusetts

NO. BD-2005-101


S.J.C. Judgment Accepting Resignation As A Disciplinary Sanction entered by Justice Sosman on March 3, 2006.1


On June 28, 2005, the respondent tendered his resignation from the Maine bar pursuant to Maine Bar Rule 7.3(g). This rule provides that a lawyer under investigation may submit a letter of resignation supported by an affidavit acknowledging that the resignation is voluntary; that the lawyer is aware of the investigation and the allegations of misconduct, which are specified; and that the material facts or specified material portions of the facts underlying the allegations are true. On October 14, 2005, the Supreme Judicial Court of the state of Maine entered an order accepting the respondent’s resignation immediately. The court impounded the affidavit, as required by Maine Bar Rule 7.3(g)(3).

The respondent was admitted to the Massachusetts bar on November 10, 1959, but was suspended for five months on February 28, 2002, in Matter of Tyler, 18 Mass. Att’y Disc. R. 539 (2002). The respondent was never reinstated after that suspension.

In violation of S. J. C. Rule 4:01, § 16(6), the respondent failed to notify bar counsel that he had resigned while under investigation from the Maine bar. After learning of the order of the Maine Supreme Judicial Court accepting the respondent’s resignation, bar counsel filed a petition for reciprocal discipline in the Supreme Judicial Court for Suffolk County on December 5, 2005. The respondent was served by certified and first-class mail with the order of notice from the county court on December 27, 2005. The respondent did not respond to the order of notice.

On February 13, 2006, the county court sent notice to the parties of a hearing on the petition for reciprocal discipline scheduled for February 23, 2006. The respondent failed to appear at this hearing. On March 3, 2006, the county court (Sosman, J.) entered a judgment accepting the respondent’s resignation as a disciplinary sanction.

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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