To The Rescue: Not

The full Massachusetts Supreme Judicial Court affirmed sanctions imposed by a single justice

Bar counsel filed a petition for discipline, which was twice amended, with the Board of Bar Overseers (board) against the respondent arising out of his participation in seven residential mortgage foreclosure “rescue transactions” during 2005 and 2006. At the time, the respondent worked with his son, attorney Evan A. Greene, at a law firm specializing in real estate transactions

Sanction

The primary factor in attorney discipline is “the effect upon, and perception of, the public and the bar.” Matter of Kerlinsky, 428 Mass. 656, 664, cert. denied, 526 U.S. 1160 (1999), quoting Matter of Finnerty, 418 Mass. 821, 829 (1994). In this case, the respondent used his considerable experience in the practice of law to implement a series of transactions designed to take advantage of vulnerable homeowners in precarious financial positions, concealed the nature of the transactions from his lender clients out of a self-interested motive, and engaged in multiple conflicts of interest. Giving “substantial deference to the board’s recommendation,” Matter of Foley, 439 Mass. 324, 333 (2003), we conclude that a two-year suspension from the practice of law is warranted. The order of the single justice is therefore affirmed.

(Mike Frisch)