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Commonwealth of Massachusetts

No. BD-1996-0058

IN RE: TIMOTHY P. FOSTER

S.J.C. Order (Disbarment) entered by Justice Abrams on June 15, 2000.

MEMORANDUM OF DECISION

The respondent, Timothy P. Foster, was admitted to the bar in 1985. The respondent was convicted of operating a motor vehicle while under the influence of alcohol (fourth offense, a serious crime), as well as operating a motor vehicle so as to endanger and operating a motor vehicle without a license. He was sentenced to a mandatory one year sentence. He was released in the spring of 1999. He is now on probation until March 30, 2001.

The respondent commingled funds and converted trust funds with the intent to deprive clients or their creditors of the use of the funds and with actual deprivation of the funds. The respondent has not made any restitution. He has not participated in these proceedings nor has he cooperated with bar counsel. The respondent repeatedly violated the disciplinary rules. See Canon 1, DR 1-102(A)(4)(6) and Canon 9, DR 9-102 (A)(B)(3)(4) and Mass. R. Prof. C. 1.15(a)-(d) and 8.4 (c) and (n). In sum, there is no reason not to disbar the respondent.

Accordingly, an order shall enter disbarring Timothy P. Foster immediately on this date, June 15, 2000.

By the Court,

RUTH I. ABRAMS
Associate Justice

DATED: June 15, 2000



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