End Of The Road
The Massachusetts Supreme Judicial Court accepted an attorney’s resignation and entered an order of disbarment
The respondent, Demetrious Kafkas, intentionally misused a client’s retainer funds and marital proceeds, in violation of Mass. R. Prof. C. 1.15 (b)(1) and (3), 1.15 (d), and 8.4 (c) and (h). The respondent also made intentional misrepresentations to opposing counsel in the divorce matter to induce opposing counsel to send $25,500 in martial proceeds to the respondent instead of his client. This misrepresentation violated Mass. R. Prof. C. 4.1(a), 8.4 (c) and (d). Thereafter, the respondent failed to inform his client that he had received the funds and sent bar counsel fabricated itemizations, ledgers and invoices to justify taking the retainer funds and martial proceeds as a fee. The respondent also made misrepresentations to bar counsel under oath. These actions violated Mass. R. Prof. C. 1.4 (a), 8.1(a), 8.4(c), 8.4(d) and 8.4(h). Further, the respondent knowingly submitted, or instructed another to submit, a fabricated letter to bar counsel purporting to be authored by the client that informed bar counsel he wished to withdraw his complaint. These actions violated Mass. R. Prof. C. 3.4 (b), 8.1(a), 8.4(c), 8.4(d) and 8.4(h).
In addition to the above the respondent failed to promptly deliver the client’s postdivorce settlement funds, which violated Mass. R. Prof. C. 1.15 (c). Instead, the respondent filed a motion and affidavit in the probate court in which he misrepresented to the court his client’s intent and disclosed confidential information. This misconduct violated Mass. R. Prof. C. 1.6(a), 8.4 (c) and (h). After the client filed a complaint with bar counsel, the respondent filed a civil action in the superior court against her that had no basis in law or fact; this conduct violated Mass. R. Prof. C. 3.1. The respondent also violated Mass. R. Prof. C. 1.7(a)(2) for simultaneously representing a client and filing a civil lawsuit against her. Additionally, the respondent violated S.J.C. Rule 4:01, §10 by requiring the client to withdraw her complaint to the Office of Bar Counsel as a condition of settlement in the superior court action.
In a separate matter, the respondent deposited an unearned retainer into his operating account and intentionally misused the funds. This misconduct violated Mass. R. Prof. C. 1.15(b)(1), and 8.4(c) and (h). Thereafter, the respondent submitted falsified time sheets to bar counsel to justify depositing the retainer into his operating account, which violated Mass. R. Prof. C. 8.1(a), 8.4(c), 8.4(d) and 8.4(h). The respondent failed to provide the clients with sufficient information to allow them to make informed decisions regarding the representation, failed to keep them informed of the status of their civil case and the trial date, and failed to respond to their reasonable requests for information. This misconduct violated Mass. R. Prof. C. 1.4 (a) and (b). The respondent’s lack of preparation of this matter, failure to secure an expert witness, and failure to inform and prepare his clients to testify, violated Mass. R. Prof. C. 1.1, 1.2 (a), and 1.3.
In aggravation, the respondent had a significant history of discipline. He was suspended for two years in 2002 for negligent misuse of client funds with no intent to deprive but with actual deprivation, commingling, failure to maintain compliant trust records, and failure to promptly disburse trust funds. Because the respondent continued to practice after he was suspended, the Supreme Judicial Court held him in contempt.
(Mike Frisch)