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Commonwealth of Massachusetts

NO. BD-1997-017

IN RE: ROBERT WARREN BILLEWICZ

S.J.C. Order (Indefinite Suspension) entered by Justice Greaney on December 4, 2000, with an effective date of January 4, 2001.1

SUMMARY 2

The respondent was indefinitely suspended from the practice of law for converting the funds of a disabled client and filing a petition for guardianship of the client to conceal the conversion; filing a false account with a court, failing to account for funds received as a fiduciary, and failing to obey court orders; and failing to respond to a subpoena issued by the Board of Bar Overseers and to appear as ordered by the Court, and failing to cooperate with the investigation conducted by Bar Counsel.

The respondent's conduct in failing to deliver promptly to the client funds due him, and in converting funds to his own use and purposes, with the intent to deprive the client of said funds either temporarily or permanently and with actual deprivation resulting, constituted violations of Canon One, Disciplinary Rules 1-102 (A) (4), and (6); Canon Seven, Disciplinary Rule 7-101 (A)(1)-(3); and Canon Nine, Disciplinary Rules 9-102 (A)-(C).

The respondent's conduct in filing a false account with the court, failing to obey court orders, and failing to account for funds received in a fiduciary capacity constituted violations of Canon One, Disciplinary Rules 1-102 (A) (4), (5), and (6); Canon Seven, Disciplinary Rules 7-102 (A) (3), and (5); Canon Nine, Disciplinary Rule 9-102 (B) (3); and S.J.C. Rule 4:02, Section 1.

The respondent's conduct in failing to notify the registration division of the Board of Bar Overseers of his change of address, failing to cooperate with Bar Counsel's investigation, failing to respond to a subpoena properly issued by the Board of Bar Overseers, and failing to appear before Bar Counsel as ordered by the Court, constituted violations of S.J.C. Rule 4:02, Section 1, S.J.C. Rule 4:01, Section 3, Canon One, Disciplinary Rules 1-102 (A) (5) and (6), and Mass. R. Prof. C. 8.4(g).

The respondent was admitted to practice on December 17, 1979. The respondent was temporarily suspended on March 19, 1997. The respondent made full restitution. Otherwise, the respondent has abandoned his practice, and Bar Counsel was only been able to locate the respondent in Canada after considerable effort. The respondent has moved on to Florida, again without furnishing any address to bar counsel or clients. The respondent has offered no cooperation and made no effort to respond to communications from Bar Counsel. He also failed to comply with orders of the New Hampshire court involving accounting in the Crotto matter until December 23, 1998. Furthermore, the respondent has never submitted any affidavit of compliance following his temporary suspension. Nevertheless, Bar Counsel has no information to indicate the respondent has engaged in any activities relating to the practice of law in Massachusetts or elsewhere since his temporary suspension.


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 before the Court.



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