Rules Not Identical But Sanction Is

The Massachusetts Supreme Judicial Court has imposed reciprocal discipline based on a sanction imposed in New York.

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

The New York court, on the basis of a stipulation of facts submitted jointly by the respondent and disciplinary counsel, determined that the respondent engaged in two separate rule violations. The respondent admitted that he utilized an improper retainer agreement, calling for a nonfundable fee, in violation of New York Rules of Professional Conduct 1.5(d). He also admitted that he engaged in prohibited sexual relations with a divorce client during the representation, in violation of New York Rule of Professional Conduct 1.8 (j) (l) (iii). Massachusetts does not have an identical rule, although Rules 1.7 and 1.8 generally bar engagements that present conflicts of interest. The New York court determined that a one-year suspension from practice was the appropriate discipline for the respondent’s misconduct.

The attorney must secure reinstatement in New York in order to be reinstated in Massachusetts. (Mike Frisch)