Trickle Down Effect

A reciprocal three-year suspension was imposed in Massachusetts based on sanctions imposed in Maine

In March 2018, the Rumford District Court of Maine issued a Protection from Abuse Order entered against the respondent. The order was based on evidence that the respondent had invited a former client to move into his home and had attempted to engage in non-consensual sex with her. In April 2018, the Maine BBO sought to impose the two years suspension that had been suspended on the grounds that he had violated the November 2016 order by engaging in criminal conduct. The respondent was suspended from practice in Maine on April 10, 2018.

The Maine Supreme Judicial Court (“Maine SJC”) held a full hearing on the criminal conduct and other allegations in August of 2018 and a hearing on sanctions in November 2018. The Maine SJC found that the evidence supported a finding that the respondent’s sexual conduct violated Maine Rule of Professional Conduct 8.4(b), which prohibits unlawful conduct and conduct prejudicial to the administration of justice. The Maine court also found that the respondent attempted to tamper with the victim/former client in the criminal case by proposing a settlement under which she would disavow that the respondent had sexually abused her in order to vacate the Protection from Abuse Order and get the disciplinary proceeding dismissed. In exchange, the respondent agreed to give the victim a car and cash, all in violation of Maine RPC 8.4(b) and (d). Finally, the Maine SJC found that the respondent engaged in several violations of the interim suspension order. Those included running for District Attorney when he was suspended and not eligible to hold that office and attempting to file pleadings in more than one case while he was suspended, in violation of Maine RPC 3.4(c). On December 20, 2018, the Maine SJC suspended the respondent for three years, to run concurrently with the imposition of the November 2016 two year suspension.

(Mike Frisch)