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Commonwealth of Massachusetts

NO. BD-2009-074

IN RE: MAUREEN F. POMEROY

S.J.C. Judgment of Disbarment entered by Justice Botsford on February 17, 2010.1

SUMMARY2

On August 10, 2009, bar counsel filed a petition pursuant to S. J. C. Rule 4:01, § 12A, in the Supreme Judicial Court for Suffolk County to suspend the respondent from the practice of law pending further order of the court. The respondent admitted that bar counsel had sufficient evidence to prove the following by a preponderance of the evidence.

In July 2008, an elderly man retained the respondent’s services to rewrite his will and draft a healthcare proxy and a power of attorney. The respondent performed the work and was paid $5,250 for these services.

The client also requested the respondent’s assistance in liquidating several accounts at Capital One and Provident Banks and turning the funds over to him. The respondent agreed to assist the client without charging a fee.

The respondent sent correspondence to the banks and, in response, received the client’s funds, which totaled $2,151,180.30. The respondent did not notify the client when she received the funds. She deposited the checks into her IOLTA and remitted only $1,338,888.20 of the funds to the client. The respondent converted the remaining $812,292.10 to her own use.

The respondent intentionally misrepresented to the client that she sent to him all of the funds she had received from Provident bank and Capital One. The client continued to make inquiries regarding his accounts. The respondent intentionally misrepresented to the client that she had not received funds from all of his accounts and was still attempting to close his accounts at Capital One. To support this false statement, the respondent fabricated correspondence that she sent to the client as evidence of her efforts to close the accounts. She also sent the client what she claimed to be a statement of activity in her IOLTA account that she had altered to support her false claim that she had turned over to the client all of the funds that she had received on his behalf.

On October 30, 2009, the county court issued an order of temporary suspension. On January 13, 2010, the respondent submitted an affidavit of resignation from the practice of law pursuant to S. J. C. Rule 4:01, § 15. In addition to acknowledging that bar counsel could prove the material allegations alleged in the petition for temporary suspension by a preponderance of the evidence, she acknowledged that her failure promptly to notify the client of her receipt of funds on his behalf and promptly to turn the funds over to the client violated Mass. R. Prof. C. 1.1, 1.4(a), 1.4(b), and 1.15(c); her failure to provide an accurate accounting of the client’s funds to him violated Mass. R. Prof. C. 1.15(d); her conversion of the client’s funds violated Mass. R. Prof. C. 1.15(b) and Mass. R. Prof. C. 8.4(c); and her misrepresentations to the client violated Mass. R. Prof. C. 8.4(c).

Bar counsel asked the Board of Bar Overseers to recommend to the court that the affidavit of resignation be accepted and a judgment of disbarment enter retroactive to October 30, 2009. On February 8, 2010, the Board of Bar Overseers voted to recommend that the affidavit of resignation be accepted and a judgment of disbarment enter effective October 30, 2009. An information was filed in the county court, and, on February 17, 2010, the county court accepted the affidavit of resignation and entered a judgment of disbarment effective retroactively to October 30, 2009.


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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