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Commonwealth of Massachusetts

NO. BD-1999-081


S.J.C. Judgment of Disbarment entered by Justice Ireland on March 31, 2005, retroactive to December 28, 1999.1

The respondent, J. Garrett Terzian, was duly admitted to the Bar of the Commonwealth on December 20, 1990. On December 2, 1999, the respondent was convicted in the Plymouth Superior Court of one count of attempting to procure perjury in violation of G. L. c. 278, § 3, and one count of intimidation of a witness in violation of G. L. c. 268, § 13B. The respondent was sentenced to serve two years in the house of correction.

The respondent was temporarily suspended from the practice of law on December 28, 1999. Matter of Terzian, 15 Mass. Att'y Disc. R. 620 (1999). On January 4, 2000, bar counsel filed a petition for discipline charging that the respondent had been convicted of "serious crimes" as defined by S. J. C. Rule 4:01, § 12(3), and that his conduct constituted a violation of Mass. R. Prof. C. 3.4(b), (f), and (g) and 8.4(b), (c), (d), and (h).

At the respondent's request, hearing on the petition for discipline was deferred pending the outcome of the respondent's appeal. On August 31, 2004, the conviction on both counts was affirmed in Commonwealth v. Terzian, 61 Mass. App. Ct. 739 (2004), which summarizes the factual basis of the conviction.

On February 28, 2005, the respondent submitted an affidavit of resignation in which he acknowledged the conviction of both counts and his violation of the cited Massachusetts Rules of Professional Conduct. Bar counsel recommended that the affidavit of resignation be accepted and a judgment of disbarment entered retroactive to the effective date of the temporary suspension.

On March 14, 2005, the Board of Bar Overseers voted to accept bar counsel's recommendation. On March 23, 2005, the board forwarded to the Supreme Judicial Court for Suffolk County the respondent's affidavit of resignation and bar counsel's and the board's recommendation. On March 31, 2005, the county court accepted the affidavit of resignation and entered a judgment of disbarment effective December 28, 1999.

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 submitted to the Supreme Judicial Court.

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