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Commonwealth of Massachusetts

NO. BD-2010-044

IN RE: EDWIN E. DRAKES

S.J.C. Judgment of Disbarment entered by Justice Cordy on August 26, 2010.1

SUMMARY2

On January 13, 2009, the respondent, Edwin E. Drakes, was disbarred in New York by the Supreme Court, Appellate Division, for the Second Judicial Department. See Matter of Drakes, 60 AD3d 153 (2009). The disbarment was based upon the following misconduct.

In the first matter, the respondent represented a seller of real estate in January of 2004 and deposited to his escrow account the clientís net proceeds of $25,647.47. He failed to disburse the funds to his client and converted most of the funds to his own use.

Five other matters resulted from the respondentís suspension from the practice of law for two years, effective April 1, 2004. See Matter of Drakes, 5 AD3d 33 (2004). In violation of that order, the respondent engaged in the unauthorized practice law by representing three clients during the term of the suspension. He also continued to use his attorney escrow account through the end of 2004. In March of 2005, he misrepresented that he was a member of the bar in applying to renew a real estate brokerís license.

In the final matter, the respondent failed to comply with lawful orders of a bankruptcy court to return a fee to a client, for which he was held in contempt of court.

The respondent did not report the New York disbarment to bar counsel in Massachusetts, as required by S.J.C. Rule 4:01, ß 16(6).

On May 12, 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. On August 26, 2010, the Court (Cordy, J.) entered a judgment of disbarment striking the respondentís name from the roll of attorneys, 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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