Third Party May Not Intervene In Bar Proceeding

A third party has no right to intervene in a bar discipline proceeding, according to a recent decision of the Massachusetts Supreme Judicial Court.

The attempt to intervene came from a former employee of an attorney accused of misconduct. The former employee claimed that the attorney and others (including assistant bar counsel) had engaged in a conspiracy to “vilify” him.

The full court affirmed the decision of a single justice that the disciplinary proceedings had concluded and that the appeal was moot.

The accused attorney (not named in this decision) received a suspension of six months and a day.

On the merits, the court held that civil procedure rules that allow for intervention do not apply in bar discipline matters. (Mike Frisch)