“Just Duck It”

An attorney who pleaded guilty to the crime of disruption of court proceedings was suspended for a year and a day by the Massachusetts Supreme Judicial Court.

Beginning in December of 2014, the respondent represented a defendant on criminal charges resulting from a traffic altercation in Cambridge. During the altercation, the client had allegedly uttered racial epithets at the victim, a native of Morocco. Shortly after the client’s arraignment, the respondent called the victim and offered him money to drop the case against the client.

The attorney met with the victim, paid him $2,500 in cash and tried to get him to sign an accord and satisfaction, which the victim declined to execute.

The respondent and the victim had additional conversations through May of 2015. The respondent continued to advise the victim to ignore the DA’s office. He also advised the victim that if they tried to subpoena him, he should “just duck it.” The victim told the respondent that he had received a call from the FBI about the case; the respondent told him not to return the call. At no point did the respondent inform the court of his contacts with or his payment to the victim.

The attorney “deeply regretted his actions” and had sought to rely on an inapplicable statute

that statute requires an acknowledgement by the victim in writing, which the victim was reluctant to provide. Further, the statute only applies to misdemeanors and one of the five criminal charges against the client, assault and battery with a dangerous weapon, was a felony.

(Mike Frisch)