Tainted Recommendation Letter Helps Doom Bar Admission

The full Massachusetts Supreme Judicial Court affirmed the denial of admission decision of a single justice.

The problem involved, among other things, failures to disclose information in response to questions on the bar application.

There was also this

In support of his application, Britton submitted three letters of recommendation. One of those letters was from an attorney who had obtained a criminal complaint against Britton and whom Britton had sued. After investigation, the board determined that the criminal complaint was dismissed with an order that Britton pay restitution, and that the civil matter was settled under terms requiring the attorney to provide a positive letter of recommendation. In his application, Britton stated that the attorney had written the letter “[i]n an effort to minimize the damage he has done.” The board found that Britton attempted to mislead it as to the nature of the recommendation.

The applicant was involved in a number of pro se actions

[he] has a substantial history of initiating pro se legal actions, the majority of which have been unsuccessful, and some of which have resulted in sanctions or an order to pay restitution.

He also had engaged in unauthorized law practice in Connecticut.

In sum

On the record before us, therefore, we are “left with grave doubt about [Britton’s] present character and fitness to practice law. We resolve that doubt ‘in favor of protecting the public by denying admission.'” Desy, supra. Britton has not met his burden of demonstrating that he presently “possesses the necessary qualification to practice law in the Commonwealth.” Matter of Prager, 422 Mass. at 100. See Matter of an Application for Admission to the Bar of the Commonwealth, 444 Mass. at 398, quoting Matter of Prager, supra (applicant has burden “of demonstrating that his admission to the bar would not be ‘detrimental to the integrity of the bar, the administration of justice, or the public interest'”). As the board found, “Britton’s disregard for the rules and standards by which the legal system operates and for which the legal process is structured, show his unwillingness to conduct himself with respect for the law and his inability to use sound judgment in conducting professional business.” This, coupled with his demonstrated lack of candor, amply supports the board’s recommendation that the application be denied.

(Mike Frisch)