Those Who Trespass Against Us

An attorney advice to and participation in criminal behavior drew a six-month suspension with three months stayed and probation for nine months from Justice Mead acting for the Maine Supreme Judicial Court. 

As noted in this Court’s earlier findings, Mclaughlin gave patently incorrect advice to his client regarding the client’s right to enter a house and remove property; Mclaughlin actively participated in the entry and removal of the property; and Mclaughlin failed to provide a frank and truthful account of his behaviors to the Board during its proceedings. The matter is now in order for consideration of appropriate sanctions in light of McLaughlin’s actions.

The property removed

Although the parties agree that the actual value of the removed property [the treadmill] was not enormous-it had a value of approximately $200-the distress caused to the possessor of premises by the intrusion, and the client’s ultimate conviction for criminal trespass, are significantly injurious consequences of Mclaughlin’s actions.

The bad

His statements to the Board and to the Court during the process included statements that were not candid or honest.

The good

This Court finds that two mitigating factors, as enumerated in the ABA Standards for Imposing Lawyer Sanctions, are present. First, Mclaughlin has no notable record of prior disciplinary action.z See ABA Standard 9.32(a). Second, Mclaughlin is deeply and profoundly remorseful. See ABA Standard 9.320). Additionally, the Court finds that Mclaughlin’s practice, which is directed in large degree to individuals with low or limited incomes, has provided a benefit to the residents of Aroostook County, and is considered to be a further mitigating factor.

The bottom line

After considering the factors noted above and the arguments of counsel, the Court determines that a disciplinary suspension of six months is warranted but will suspend three months of that period, to be followed by a period of nine months’ probation (to commence on the date that Mclaughlin is reinstated to the practice of law), during which Francis Bemis, Esq. will serve (if he is willing) as a monitor and provide periodic reports, at least every other month, to the Board of Overseers of the Bar.

(Mike Frisch)