Suspension For Unauthorized Practice In Two States
A suspension of six months and a day was imposed by the Massachusetts Supreme Judicial Court of an attorney who listed himself as admitted in that jurisdiction while on administrative suspension
The respondent was admitted to the bar of the Commonwealth in 1974. He was administratively suspended by the Supreme Judicial Court in July 2005 for failure to register and pay his dues, and was never reinstated. From at least 2009 and at all relevant times thereafter, he resided in New Hampshire. At no time was he admitted to the practice of law in New Hampshire or in any other state. Following the respondent’s administrative suspension in July 2005, he did not seek reinstatement…
On or about January 4, 2010, the respondent began working at a law firm in New Hampshire. On its website, the firm listed the respondent as a licensed Massachusetts attorney. In May 2010, a couple, who resided the State of Washington, retained the firm to handle a loan modification related to their residential real estate. They signed a fee agreement with the firm agreeing to pay a flat fee for the representation. The fee agreement entered into by the clients described the scope of the representation as including negotiation of a loan modification on their real property, as well as advice on what legal steps they would need to take to settle, reduce or discharge their debts.
In May 2010, the respondent sent a letter to the clients about their mortgage modification. The letter described the respondent as “Attorney Peter Larkowich.” The respondent signed the letter using the title “Esq.” after his name. In June 2010, the respondent sent a letter to the lender indicating that the firm represented the borrowers and formally requested a mortgage modification. The respondent also signed this letter using the title “Esq.” after his name. A copy of this letter was sent to the clients. Twice in August 2010, the respondent sent emails to one of the clients updating her on the status of the mortgage modification. Both times, the respondent used the title “Esq.” in the email.
The attorney thus engaged in unauthorized practice in both New Hampshire and Massachusetts.
The sanction begins once the attorney has secured reinstatement from the administrative suspension. (Mike Frisch)