Not Kissing Cousins

An attorney who represented his deceased second cousin’s son as personal representative of her estate was suspended for six months and a day for switching sides and bringing claims against the estate on behalf of the cousin’s brother.

After June’s death, [brother] Paul renewed his claims and the respondent participated, as [son] Richard’s lawyer, in one or more discussions among the family members of Paul’s claims. On August 8, 2007, the respondent filed a notice of withdrawal of his appearance for Richard in the estate. 

Despite his prior representation of Richard, on November 9, 2007, the respondent filed a civil complaint in the superior court on behalf of Paul against Richard in Richard’s capacity as administrator of the estate. The complaint alleged a breach of contract based upon Paul’s claim that had Richard failed to perform an agreement to reimburse Paul a sum certain from June’s estate. This complaint was the same or substantially related to matters in which the respondent had previously represented Richard.

At no time did Richard consent to the respondent’s representation of Paul in commencing the litigation against him in his capacity as administrator of the estate. In fact, Richard and his brother and sister, through counsel, protested in writing to the respondent his advancing any of Paul’s claims for reimbursement by any “intervention” in the estate matters.

Not only that – the claims were deemed frivolous

On June 1, 2009, Richard filed a motion for attorneys’ fees in the superior court action. On September 28, 2010, the superior court found that the respondent had willfully violated Mass. R. Civ. P. 11(a) and acted in bad faith in commencing and pursuing meritless claims against June’s estate. The court further found that the respondent’s actions were a clear violation of Mass. R. Prof. C. 1.9(a). The court awarded sanctions against the respondent in the amount of $40,000.00 in attorney fees and $2,382.58 in costs. Undaunted, on October 27, 2010, the respondent filed a notice of appeal to the Appeals Court. The appeal was not perfected and in April, 2011, the superior court dismissed the appeal. On the same date, the respondent filed a notice of appeal concerning the dismissal of his appeal.

On June 2, 2011, the superior court granted an attachment on certain of the respondent’s real estate in the amount of $45,000.00.

He also failed to cooperate in the bar investigation. (Mike Frisch)