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Commonwealth of Massachusetts

NO. BD-2009-006

IN RE: EDWARD G. KELLY

S.J.C. Judgment of Disbarment entered by Justice Spina on March 22, 2010.1

SUMMARY2

On November 24, 2009, the respondent Edward G. Kelly was convicted in Bristol Superior Court of twenty felony counts, including forgery of documents, witness intimidation, larceny over $250, and disruption of court proceedings. His conduct involved, among other things, interference with court proceedings by instructing witnesses not to appear in court and forging the names of judges and assistant district attorneys to court documents and altering docket entries to mislead the court into entering a nolle prosequi of defendants he represented in criminal proceedings. The respondent was sentenced to concurrent terms of three to five years in state prison and thereafter placed on probation subject to special conditions. The respondentís conduct violated Mass. R. Prof. C. 1.2(d); 3.3(a)(1) and (4); 3.5(a); 4.1; and 8.4(b), (c), (d), (e), and (h).

The respondent was temporarily suspended on January 28, 2009. The order of suspension and S. J. C. Rule 4:01, ß 17, required the respondent to notify all clients of his suspension and prohibited him from accepting legal fees. In addition, a condition of the respondentís bail was that he no longer practice law. The respondent failed to notify at least one of his clients of his suspension and induced the client to entrust another $500 to him to resolve a criminal matter and the suspension of his driverís license. This misconduct supported the charge of larceny over $250. The respondent also failed to comply with the order of temporary suspension by not returning all unearned fees to clients and failing to file a timely affidavit of compliance.

On December 8, 2009, bar counsel filed a petition for discipline based on the respondentís convictions. On February 22, 2010, the respondent filed an affidavit of resignation pursuant to S. J. C. Rule 4:01, ß 15, in which he admitted to the material facts and rule violations alleged in the petition for discipline. Bar counsel asked the Board of Bar Overseers to recommend to the Supreme Judicial Court for Suffolk County that the affidavit of resignation be accepted and a judgment of disbarment entered without retroactivity to the date of the temporary suspension due to the respondentís criminal conduct after the effective date of the temporary suspension order and the respondentís failure to comply fully with that order.

On March 8, 2010, the Board of Bar Overseers voted to recommend to the county court that the respondentís affidavit of resignation be accepted and a judgment of disbarment enter effective on the date of entry. On March 22, 2010, the county court (Spina, J.) accepted the recommendation.


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.



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