A three-month suspension has been imposed by the Massachusetts Supreme Judicial Court for misconduct after the attorney received settlement proceeds

On September 8, 2014, the respondent deposited the insurance company’s check for $10,100.00 into his firm’s IOLTA account. At that time, the respondent made no distributions to the client, to himself or to his firm for reimbursement of out-of-pocket expenses. At the time of settlement, the payment for the reduced lien had not been finalized. The respondent was awaiting finalization before final distribution of the proceeds. In March 2015, the respondent paid the reduced amount of the lien, but inadvertently failed to make the other distributions including payment to the client.

In July 2017, the client first brought the non-payment to the attention of the respondent and to bar counsel and the respondent immediately paid to the client the funds to which the client was entitled, plus lost interest.

At no time between September 2014 and November 2, 2017, did the respondent maintain records compliant with Mass. R. Prof. C. 1.15(f), including three-way reconciliations and individual client ledgers.

The client’s funds remained intact in the IOLTA account for 18 months after the settlement funds were received. However, beginning in March 2016, from time to time, by
debits of variable and small sums, the respondent’s IOLTA account fell below the balance of $4,171.34.

The respondent negligently misused his client’s funds for business or personal purposes unrelated to his client without any intent to deprive but with temporary deprivation resulting.

Mitigation, 

In mitigation, during the applicable time period, the respondent’s wife suffered a serious condition which contributed to his lack of focus. In April 2018, the respondent took a leave of absence from his practice to care for his wife and ceased the practice of law.