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Commonwealth of Massachusetts

NO. BD-2009-111

IN RE: BRIAN JOSEPH ARCHAMBAULT

S.J.C. Judgment of Disbarment entered by Justice Ireland on June 15, 2010.1

SUMMARY2

The respondent Brian Joseph Archambault was admitted to the bar on June 19, 1985. In 2006 and 2007, he was an employee of the Lawrence law library. Between November 2006 and June 2007, the respondent converted to his own use $7,250 from funds belonging to the law library by making unauthorized withdrawals from the law library’s bank account.

On November 6, 2009, the respondent admitted to sufficient facts in the Newburyport District Court to five counts of larceny over $250 in violation of G. L. c. 266, § 30(1). The case was continued without a finding until November 7, 2011, with conditions that the respondent make restitution, perform 200 hours of community service, and stay away from the law library. An admission to sufficient facts constitutes a conviction as defined by S. J. C. Rule 4:01, § 12(1).

The respondent was temporarily suspended from the practice of law on January 20, 2010. He did not comply with order of temporary suspension.

Bar counsel filed a petition for discipline on February 11, 2010, alleging that the respondent had been convicted of five counts of larceny, that he had failed to comply with the order of temporary suspension, and that his conduct violated Mass. R. Prof. C. 3.4(c) and 8.4(b), (c), (d), and (h). The respondent did not file an answer to the petition for discipline, and he was defaulted on March 11, 2010.

On April 6, 2010, bar counsel filed a memorandum of law in support of her recommendation of disbarment without retroactivity to the effective date of the temporary suspension. The respondent did not file a memorandum on disposition. On May 10, 2010, the Board of Bar Overseers voted to recommend that the respondent be disbarred effective on the date of entry of the judgment.

An Information and the record of proceedings was filed with the Supreme Judicial Court for Suffolk County. A hearing was scheduled for June 7, 2010. The respondent did not appear at the hearing on that day. On June 15, 2010, the county court, Ireland, J., entered a judgment of disbarment.


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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