IN RE: JAMES N. PAPATONES

Last known address:
Kimi Information Center
Oscar Bldg. 8-F2-42-3
IkebukuroToshima-Ku, Tokyo Japan

JUDGMENT OF DISBARMENT

This matter came before the Court, Lynch, J., on a Petition for Reciprocal Discipline filed by the Board on August 30, 1995. As no response has been filed by Mr. Papatones in compliance with the Order of Notice issued on August 31, 1995 and after hearing on May 20, 1999 with the lawyer not appearing, it is ORDERED and ADJUDGED that:

1. JAMES N. PAPATONES is hereby disbarred from the practice of law in the Commonwealth of Massachusetts and the lawyer's name is stricken from the Roll of Attorneys. In accordance with S.J.C. Rule 4:01, Sect. 17(3), the disbarment shall be effective thirty days after the date of the entry of this Judgment. The lawyer, after the entry of this Judgment, shall not accept any new retainer or engage as lawyer for another in any new case or legal matter of any nature. During the period between the entry date of this Judgment and its effective date, however, the lawyer may wind up and complete, on behalf of any client, all matters which were pending on the entry date.

It is FURTHER ORDERED that:

2. Within fourteen (14) days of the date of entry of this Judgment, the lawyer shall:

a) file a notice of withdrawal as of the effective date of the disbarment with every court, agency, or tribunal before which a matter is pending, together with a copy of the notices sent pursuant to paragraphs 2(c) and 2(d) of this Judgment, the client's or clients' place of residence, and the case caption and docket number of the client's or clients' proceedings;

b) resign as of the effective date of the disbarment all appointments as guardian, executor, administrator, trustee, attorney-in-fact, or other fiduciary, attaching to the resignation a copy of the notices sent to the wards, heirs, or beneficiaries pursuant to paragraphs 2(c) and 2(d) of this Judgment, the place of residence of the wards, heirs, or beneficiaries, and the case caption and docket number of the proceedings, if any;

c) provide notice to all clients and to all wards, heirs, and beneficiaries that the lawyer has seen disbarred; that he is disqualified from acting as a lawyer after the effective date of the disbarment; and that, if not represented by co-counsel, the client, ward, heir, or beneficiary should act promptly to substitute another lawyer or fiduciary or to seek legal advice elsewhere, calling attention to any urgency arising from the circumstances of the case;

d) provide notice to counsel for all parties (or, in the absence of counsel, the parties) in pending matters that the lawyer has been disbarred and, as a consequence, is disqualified from acting as a lawyer after the effective date of the disbarment;

e) make available to all clients being represented in pending matters any papers or other property to which they are entitled, calling attention to any urgency for obtaining the papers or other property;

f) refund any part of any fees paid in advance that have not been earned; and

g) close every IOLTA, client, trust or other fiduciary account and properly disburse or otherwise transfer all client and fiduciary funds in his possession, custody or control.

All notices required by this paragraph shall be served by certified mail, return receipt requested, in a form approved by the Board.

3. Within twenty-one (21) days after the date of entry of this Judgment, the lawyer shall file with the Office of the Bar Counsel an affidavit certifying that the lawyer has fully complied with the provisions of this Judgment and with bar disciplinary rules. Appended to the affidavit of compliance shall be:

a) a copy of each form of notice, the names and addresses of the clients, wards, heirs, beneficiaries, attorneys, courts and agencies to which notices were sent, and all return receipts or returned mail received up to the date of the affidavit. Supplemental affidavits shall be filed covering subsequent return receipts and returned mail. Such names and addresses of clients shall remain confidential unless otherwise requested in writing by the lawyer or ordered by the court;

b) a schedule showing the location, title and account number of every bank account designated as an IOLTA, client, trust or other fiduciary account and of every account in which the lawyer holds or held as of the entry date of this Judgment any client, trust or fiduciary funds;

c) a schedule describing the lawyer's disposition of all client and fiduciary funds in the lawyer's possession, custody or control as of the entry date of this Judgment or thereafter;

d) such proof of the proper distribution of such funds and the closing of such accounts as has been requested by the bar counsel, including copies of checks and other instruments;

e) a list of all other state, federal and administrative jurisdictions to which the lawyer is admitted to practice; and

f) the residence or other street address where communications to the lawyer may thereafter be directed. The lawyer shall retain copies of all notices sent and shall maintain complete records of the steps taken to comply with the notice requirements of S.J.C. Rule 4:01, Sect. 17.

4. Within twenty-one (21) days after the entry date of this Judgment, the lawyer shall file with the Clerk of the Supreme Judicial Court for Suffolk County:

a) a copy of the affidavit of compliance required by paragraph 3 of this Judgment;

b) a list of all other state, federal and administrative jurisdictions to which the lawyer is admitted to practice; and

c) the residence or other street address where communications to the lawyer may thereafter be directed.

By the Court, (Lynch, J.)

Entered: July 19, 1999

SUMMARY1

On August 29, 1994, the respondent was temporarily suspended from the practice of law in Massachusetts following the temporary suspension of his law license in New Hampshire and Maine. Matter of Papatones, 10 Mass. Att'y Disc. R 212 (1994). Because the respondent could not be located, the Court ordered that notice of the order of temporary suspension be given by publication.

On August 1, 1995, the New Hampshire Supreme Court disbarred the respondent. Matter of Papatones, No. SMC-92-028. The respondent was found to have converted at least $100,000.00 of a client's funds that the respondent held in a client funds account.

On August 29, 1995, Bar Counsel petitioned the county court for reciprocal disbarment. On August 31, 1995, the Court issued an order of notice requiring the respondent to show cause why an order of disbarment should not be entered. On September 5, 1995, Bar Counsel sent the notice to the respondent by certified mail, return receipt request. The letter was returned unclaimed. No hearing was scheduled on Bar Counsel's petition.

On May 4, 1999, Bar Counsel requested a hearing on the petition. On May 11, 1999, the Court issued an order of notice scheduling a hearing for May 20, 1999. Bar Counsel sent a copy of the petition and the order of notice to the respondent's last registered address. This was the same address used by Bar Counsel to send the Court's August 31, 1995, notice requiring the respondent to show cause why an order of disbarment should not be entered.

On May 18, 1999, Bar Counsel received a fax transmission from Papatones requesting that all correspondence be forwarded to the respondent at an address in Tokyo, Japan. Bar Counsel informed the Court of the respondent's current address. On May 21, 1999, the assistant clerk of the county court wrote to the respondent at the Tokyo address to inform him of the pending petition for reciprocal discipline. The letter was not returned, and the respondent did not respond to either the Court or Bar Counsel.

On July 19, 1999, the Court entered a judgment of disbarment effective thirty days after the date of the entry of the judgment.

1 Compiled by the Board of Bar Overseers based on the record submitted to the Supreme Judicial Court.