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Commonwealth of Massachusetts

NO. BD-2007-065


S.J.C. Judgment of Disbarment entered by Justice Spina on November 18, 2009.1


The Board of Bar Overseers (board) recommends that the respondent be disbarred from the practice of law based on the following:

  1. a March, 2007, conviction for operating a motor vehicle with a suspended registration and license (committed in January, 2007);
  2. three additional convictions for operating a motor vehicle with a suspended registration and license (committed in July, 2007; September, 2007; and May, 2008);
  3. a July, 2008, conviction for assault and battery (committed in April, 2007);
  4. a September, 2008, conviction for delivering an article to a prisoner (sneakers) and a conviction for removing an article from a prisoner (sneakers), felonies under G. L. c. 268, §§ 28, 31; and
  5. violations of probation in July, 2007, and October, 2007, for failure to comply with various aspects of his conditions of probation.
The presumptive sanction for a felony conviction is disbarment or indefinite suspension. In the Matter of Concemi, 422 Mass. 326, 329 (1996).

The board observed that, "[taken singly, none of the respondent's crimes cuts so closely and deeply at the core of a lawyer's professional duty as the systematic fraud and conspiracy at issue in Concemi, but his felony conviction for exchanging items with his imprisoned client obviously was in connection with the practice of law, and the conduct involved dishonesty and a disregard for the lawful security procedures in a house of correction." His one-man crime wave, although mostly misdemeanors, is astounding for one claiming professional status. Although he self-reported the crimes at the house of correction, such mitigation is offset by his history of prior discipline - a public reprimand in 2003 for misconduct in connection with three matters. See Matter of Taylor, 19 Mass. Att'y Discipline Rep. 476 (2003). Moreover, the hearing panel found his testimony lacked candor.

I accept the recommendation of the board. The sanction will not be imposed retroactive to March 12, 2008, the date of his temporary suspension, because he committed some of his crimes after that date, and as a matter of discretion, Matter of Grella, 22 Mass. Att'y Discipline Rep. 368, 370-371 (2006), I hereby order disbarment to take effect as of the entry of this memorandum and judgment. See Matter of Jean, 18 Mass. Att'y Discipline Rep. 331 (2002).


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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