Is Daniel Webster the most notable member of the Massachusetts Bar since John Adams?

I may not share many of Webster’s attributes but we do share the same birthday of  January 18.

On January 19 of this year, the Massachusetts Supreme Judicial imposed a 2 1/2 year suspension of an attorney who shares that famous lawyer name.

From the summary on the web page of the Board of Bar Overseers

The respondent stipulated to misconduct described in two counts of the Petition for Discipline. In Count One, he admitted that after a 2013 suspension, which imposed certain obligations on him, hecontinued to use his IOLTA account but falsely certified that he had closed it. For over a year, he kept no IOLTA records. Once reinstated, he made at least four cash withdrawals from the IOLTA account, and held personal funds in it. This misconduct violated Mass. R. Prof. C. 3.4(c); 8.4(b), (c), (d) and (h); 1.15(f)(1)(B),(C) and (E); 1.15(b)(2); and 1.15(e)(4), all as in effect prior to July 1, 2015; and 1.15(e)(4) and (b)(2).

Count Two describes misconduct in an estate matter. The respondent deposited funds into his IOLTA account on the estate’s behalf, but failed for years to pay two of the beneficiaries. He withdrew his own fee without delivering written notice to his client. He negligently withdrew client funds and used them for his own personal and/or business purposes, causing a negative account balance. He deposited personal funds into the account in order eventually to pay the beneficiaries. The respondent failed to produce trust
records in response to bar counsel’s subpoena. He submitted bank records to bar counsel that he had with and knew were false. The respondent’s Count Two misconduct violated rules 1.15(c); 1.15(b)(1); 1.15(f)(1)(C), all as in effect prior to July 1, 2015, and rules 8.1(a) and (b), and 8.4 (c), (d), and (h).

There were no mitigating factors. In aggravation, the respondent had prior discipline – a term suspension for nine months for intentional misuse of client funds, failure to hold trust funds in a trust account, and failure to keep records as required by Mass. R. Prof. C. 1.15. Matter of Webster, 29 Mass. Att’y Disc. R. 663 (2013). The Board accepted the parties’ stipulation on December 14, 2020.

(Mike Frisch)