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Commonwealth of Massachusetts

NO. BD-2006-028

IN RE: WILLIAM E. GATELY, JR.

S.J.C. Judgment of Disbarment entered by Justice Spina on June 22, 2006.1

Memorandum of Decision

This matter came before the court on an information filed by the Board of Bar Overseers (board) recommending disbarment of the respondent, Attorney William E. Gately, Jr., for misappropriation of client funds. The respondent failed to appear at the hearing on the information filed by the board. It appears that the certified letter notifying him of the time, date, and place of the hearing was returned by the post office with a notation that the post office box to which it was sent has been closed.

The post office address in question is the address the respondent provided to the board conformably with S.J.C. Rule 4:02(1). The respondent has not provided the board with any change of address, as required by the rule, and the post office box address has been an invalid address for the respondent for more than thirty (30) days. It is the respondent's specific professional responsibility to provide the board with a current valid address. His failure to provide a current valid address, with no good reason as shown by the record, does not vitiate the effectiveness of the notice sent to him.

The presumptive sanction for misappropriation of client funds is disbarment or indefinite suspension. See Matter of Schoepfer, 426 Mass. 183, 186(1997). There is nothing before me to suggest any mitigation.

An order of the disbarment of William E. Gately, Jr., is to enter.

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



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