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Commonwealth of Massachusetts

NO. BD-2009-033

IN RE: SETH CAREY

S.J.C. Order of Term Suspension entered by Justice Spina on June 30, 2009, with an effective date of July 30, 2009.1
(S.J.C. Judgment of Reinstatement with Conditions entered by Justice Spina on July 21, 2011.)

SUMMARY2

On February 12, 2009, the respondent, Seth Carey, was suspended by the Supreme Judicial Court of the State of Maine for six months and one day, after which he must petition for reinstatement. The discipline was based upon the following misconduct.

In a divorce action, the respondent prepared a draft settlement agreement at the request of his client, the husband, who then presented the agreement to his wife for signature. The respondent participated in the meeting by speakerphone. The wife refused to sign and complained to her attorney about the incident. The wife’s attorney admonished the respondent not to approach the wife behind the attorney’s back. The respondent prepared a second draft settlement agreement that was also presented directly to the wife, apparently after the attorney’s admonition of the respondent. The respondent also assisted his client’s ongoing violation of a court order and, during the trial of the divorce, referred to facts not in evidence and offered into evidence a clearly inadmissible draft settlement document.

In another civil matter, the respondent had direct contact with an opposing party concerning the matter in dispute, without the knowledge or consent of the opponent’s counsel. While representing defendants in two unrelated criminal cases, the respondent repeatedly asked objectionable questions at a trial and failed to make any substantial argument in response to a request for cash bail. The respondent’s testimony during the grievance proceeding evidenced a lack of candor.

On April 13, 2009, bar counsel filed a petition for reciprocal discipline with the Supreme Judicial Court for Suffolk County. The court issued an order of notice giving the respondent thirty days to show cause why reciprocal discipline should not be ordered in Massachusetts. On June 30, 2009, the Court (Spina, J.) entered an order suspending the respondent for a period of six months and one day, effective thirty days after entry, with the respondent’s eligibility for reinstatement in Massachusetts conditioned upon his reinstatement in Maine, unless otherwise ordered by the Court.


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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