Mass.gov
   
Mass.Gov home Mass.gov  home get things done agencies Search Mass.Gov


Commonwealth of Massachusetts

NO. BD-2008-050

IN RE: JAMES KEVIN HOLLAND

S.J.C. Judgment of Disbarment entered by Justice Botsford on May 5, 2009.1

SUMMARY2

On April 6, 2009, the respondent submitted to the Board of Bar Overseers an affidavit of resignation from the practice of law pursuant to S.J.C. Rule 4:01, §15. In his affidavit, the respondent admitted that the following material facts and disciplinary rule violations would be established by sufficient evidence.

In June of 2007, the respondent was retained to represent an estate in probate court. As of August 28, 2008, the respondent should have been holding $227,642.83 in estate funds. Instead, and in the interim between March 28, 2008, and August 28, 2008, the estate funds were used for purposes unrelated to the estate.

In August of 2001, the respondent had represented sellers of a parcel of land. The sellers financed the buyer’s purchase of this land. In June of 2008, the buyer refinanced through an institutional lender and, on June 11, 2008, the respondent received and deposited into his IOLTA account $254,797.42 that he received from the buyer’s new lender. These funds represented the net proceeds due to the sellers to pay off the buyer’s mortgage. The respondent sent the sellers a check for these funds, but the sellers did not attempt to negotiate the check for several months.

Between August 12 and August 20, 2008, the respondent drew upon the sellers’ funds by making payments to or for the estate in the total amount of $215,733.83.

The respondent’s conduct in misusing the sellers’ funds to pay funds due the estate was in violation of Mass. R. Prof. C. 1.15(b) and (c) and 8.4(c) and (h).

The respondent has made restitution to the sellers but has not made full restitution to the estate.

On April 13, 2009, the board voted to recommend that the Supreme Judicial Court accept the respondent’s affidavit of resignation. On May 5, 2009, the Supreme Judicial Court for Suffolk County entered a judgment accepting the respondent’s resignation, disbarring the respondent and striking his name from the Roll of Attorneys.


FOOTNOTES:

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 filed with the Supreme Judicial Court.



BBO/OBC Privacy Policy. Please direct all questions to webmaster@massbbo.org.
© 2005. Board of Bar Overseers. Office of Bar Counsel. All rights reserved.