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Commonwealth of Massachusetts

NO. BD-2009-104

IN RE: YOHAN PARK

S.J.C. Order of Term Suspension entered by Justice Ireland on December 3, 2010.1

SUMMARY2

On August 3, 2010, the respondent, Yohan Park, was suspended for two years by the Supreme Court of the State of New York, Appellate Division, Second Judicial Department. See Matter of Park, 77 App. 3d 275 (2010). The suspension was based upon the following misconduct.

From May through September of 2006, the respondent misused trust funds he was holding in an attorney escrow account in four separate matters. In the first matter, the respondent was holding $2,300 as the buyer’s deposit toward the purchase of a client’s business. In the second matter, he was holding a $1,000 retainer from a client. In the third matter, he was holding $14,500 of a client’s funds in escrow. In the fourth matter, he was holding a buyer’s $25,000 down payment toward the purchase of the respondent’s home. In each matter, the respondent temporarily misused trust funds before the funds were due to be released, but there was no deprivation. During the period in issue, the respondent also commingled personal funds with trust funds in his escrow account and failed to keep adequate records of funds held in the escrow account.

On October 17, 2008, the respondent was immediately suspended by the New York Supreme Court, Appellate Division, Second Judicial Department, pending the disciplinary proceedings that resulted in the two-year suspension. On November 13, 2009, bar counsel filed a petition with the Supreme Judicial Court for Suffolk County seeking a temporary suspension as reciprocal discipline. After the respondent failed to respond to an order of notice and failed to appear at a hearing, the Court entered an order of immediate temporary suspension on January 27, 2010.

The respondent did not report either the New York immediate suspension or the New York two-year suspension to bar counsel in Massachusetts, as required by S.J.C. Rule 4:01, § 16(6).

On October 5, 2010, 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. The respondent did not reply to the order of notice and did not appear at a hearing on November 22, 2010. On December 3, 2010, the Court (Ireland, J.) entered an order suspending the respondent from practice in Massachusetts for two years, effective immediately.


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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