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No. BD 97-004

IN THE MATTER OF DONALD M. CONSTANT

ORDER OF DISBARMENT1

SUMMARY

In two instances in late 1995 and early 1996, the respondent converted clients’ funds for his own use. In September of 1995, the respondent settled a collection action for $2,177.54 and deposited the settlement proceeds to his IOLTA account. He did not inform his client of the settlement or remit the net settlement proceeds of $1,451.69 to his client until May of 1996. In November of 1995, the respondent settled a second collection action for $26,651.79 and deposited the settlement proceeds to his IOLTA account. He did not inform his client of the settlement or remit the net settlement proceeds of $21,107.88 to his client until February of 1996. In each instance, the respondent used the client’s funds to pay his own personal or business expenses before remitting the funds to his client, with the intent to deprive the client of the funds and with temporary deprivation resulting.

On September 8, 1998, the respondent was suspended for one year as a result of a conviction on five counts of failure to pay over state withholding taxes. Matter of Constant, 14 Mass. Att’y Disc. R 165 (1998). On December 23, 1999, the respondent filed in the Supreme Judicial Court for Suffolk County his consent to disbarment pursuant to S.J.C. Rule 4:01, § 8(5). The respondent acknowledged that his conversion of clients’ funds violated Canon One, Disciplinary Rules 1-102(A)(4) and (6), and Canon Nine, Disciplinary Rules 9-102(A)-(C). On December 30, 1999, the court entered a judgment of disbarment striking the respondent’s name from the Roll of Attorneys.

1S.J.C. Order of Disbarment entered by Justice Spina on December 30, 1999.



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