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Commonwealth of Massachusetts

Public Reprimand No. 2009-18



JACK J. VULTAGGIO, JR.

Order (public reprimand) entered by the Board August 14, 2009.

SUMMARY1


The respondent was admitted to the bar on December 14, 1988. In August 2007, a court reporter filed a grievance with bar counsel concerning the respondent’s failure to pay a judgment against him. The respondent failed to reply to several letters from bar counsel requesting a response to the court reporter’s allegations. Consequently, on November 7, 2007, bar counsel sought a subpoena from the Board of Bar Overseers. The subpoena was issued and served on the respondent on November 9, 2007, however, the respondent failed to comply with the subpoena.

Because of the respondent’s failure to answer bar counsel’s letters and failure to comply with the subpoena, on December 13, 2007, bar counsel filed a Petition for Administrative Suspension with the Supreme Judicial Court. On December 17, 2007, the Court entered an Order of Immediate Administrative Suspension of the respondent, pursuant to S. J. C. Rule 4:01 §3(2), and served notice of the administrative suspension order on the respondent.

The respondent did not seek reinstatement within thirty days of the entry of the order, as a result of which he became subject to the notice and compliance provisions of Supreme Judicial Court Rule 4:01, §17 (1), (5) and (6). The respondent was not practicing law in Massachusetts after the entry of the administrative suspension. He was, however, still required to submit to the Court and bar counsel an affidavit of compliance with the administrative suspension order. Although bar counsel twice notified the respondent that, whether or not the respondent had any clients or fiduciary appointments, he was still required to file an affidavit of compliance, the respondent did not do so for more than one year. In June 2009, the respondent finally complied with the order of administrative suspension and sought reinstatement to practice. He was readmitted to practice on June 23, 2009.In late 2007, the respondent failed to cooperate with an investigation by bar counsel of a grievance against him. As a result, on December 17, 2007, the Supreme Judicial Court entered an order of immediate administrative suspension of the respondent, pursuant to S. J. C. Rule 4:01, §3(2).

By knowingly and without good cause failing to cooperate with bar counsel’s investigation, the respondent violated Mass. R. Prof. C. 8.1(b), 8.4 (g) and Supreme Judicial Court Rule 4:01, § 3(a). By knowingly and without good cause failing to file a timely affidavit of compliance after his administrative suspension, the respondent violated Mass. R. Prof. C 8.4(d) and S. J. C. Rule 4:01, §17 (5) and (6).

The matter came before the Board of Bar Overseers on an agreed recommendation for discipline by public reprimand based on a stipulation of the parties. On July 13, 2009, the Board of Bar Overseers voted to administer a public reprimand to the respondent.


1 Compiled by the Board of Bar Overseers based on the record of proceedings before the Board.



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