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Commonwealth of Massachusetts

NO. BD-2009-087

IN RE: PHILIP X. MURRAY

S.J.C. Order of Term Suspension entered by Justice Cordy on November 13, 2009.1

MEMORANDUM AND ORDER

This disciplinary matter is before me as Single Justice on an Information filed by the Board of Bar Overseers (Board), with a recommendation that respondent Attorney Philip X. Murray be suspended from the practice of law for six months and that he be required to petition for reinstatement. Attorney Murray seeks a lesser sanction.

The ethical violations found by the Board included respondent's failure to comply with an order of administrative suspension that had resulted from his neglecting to file an annual registration statement and pay his bar dues in 2007; his continuing to practice law during the period of his administrative suspension; and his failure to respond to subpoenas issued by the Board in connection with bar counsel's investigation of the matter. In reaching its recommendation, the Board considered various aggravating and mitigating factors, and noted that after his administrative suspension, the respondent had attempted to pay his dues by sending a money order to bar counsel, but had not sent his payment to the correct office and did not follow up to ascertain whether he had been reinstated.

After considering the filings of the parties, the arguments held at a hearing before me on October 19, 2009, and the respondent's lengthy career in the law, I have concluded that he should be suspended from the practice of law for a period of six months commencing on the date of the October 19, 2009, hearing.2 I have further concluded that a petition for reinstatement should not be required in the circumstances of this case. See S.J.C. Rule 4:01, § (l)(a), (l)(c), and (l)(d).


FOOTNOTES:

1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

2 I am persuaded that the respondent has been in compliance with the Administrative Order of Suspension since January, 2009, and has not practiced law since then.



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