Reinstated After Disbarment For Whitey Lies

An attorney admitted in 1960 and disbarred in 2008 was reinstated by the Massachusetts Supreme Judicial Court

Following a hearing, the Board of Bar Overseers Hearing Panel (Panel) recommended, in a thoughtful and well-reasoned written report, that the petitioner, Thomas E. Finnerty (Finnerty), be reinstated. Upon review of the same evidence, the Board of Bar Overseers (Board) disagreed, and voted to recommended denial of Finnerty’s petition based on a perceived lack of moral fitness and incompatibility with the public interest.

The disbarment

Finnerty was admitted to the Massachusetts bar on November 17, 1960. Panel Report at 2., In May, 2008, Finnerty was disbarred in Massachusetts for instructing his client to  lie to a federal grand jury a decade before.  Id. at 2. In 1998, the grand jury was investigating whether anyone had helped James “Whitey” Bulger avoid law enforcement apprehension. Id. Finnerty’s client revealed that Whitey Bulger had called the client’s home in 1996 and spoke with Whitey’ s brother, John Bulger. Id. at 2-3. John Bulger appeared in front of the grand jury before Finnerty’s client, however, and testified that he· had had no contact with his fugitive brother. Id. In order to spare John Bulger from potential perjury prosecution, Finnerty — a long-time family friend the Bulgers — instructed his client to testify that while he had received a call from Whitey Bulger, no one else was present. Id . Later, in 2003, the client approached Finnerty, and Finnerty instructed the client to hire a lawyer and tell the truth to the U.S. Attorney about the false testimony. Id. at 4. Finnerty instructed his client to do so in spite of the impact it would have on Finnerty and his career. Id. Still, Finnerty did not self~report his misconduct; rather, he began making preparations for disbarment. Id. The matter was eventually reported to bar counsel, and Finnerty was disbarred in 2008.

The court

Based on Finnerty’s own testimony and that of his supporters, the evidence of Finnerty’s moral rehabilitation following his disbarment, and the Court’s independent consideration of the issues that troubled the Board, the Court agrees with the Panel that Finnerty has demonstrated adequate rehabilitation and moral qualification for reinstatement.

The summary of the 2008 disbarment order is linked here. (Mike Frisch)