Brief Overdue

A discipline summary on the web page of the Massachusetts Board of Bar Overseers

The respondent was charged with varied misconduct in a four-count Petition for Discipline. The Hearing Committee Report reflects that it found misconduct in all four areas. First, for over three years, and despite having taken a Trust Account Training Program, the respondent failed to keep IOLTA-compliant records in violation of Mass. R. Prof. C. 1.15. She also failed to cooperate when bar counsel investigated her conduct. Second, in the course of representing a divorce client, the respondent was found to have committed numerous violations of the Rules of Professional Conduct, foremost among them intentionally misusing unearned retainer funds, failing to return the unearned fee, and refusing to send her client an invoice. In the third count, the respondent was found to have again intentionally misused unearned retainer funds, but this time she returned the unearned amount to the client.

Count Four concerned the respondent’s representation of a subcontractor enmeshed in a dispute with another subcontractor. The respondent was found to have engaged in extensive misconduct that included routinely ignoring her client’s questions about the status of the case and her fees, and intentional misuse of unearned retainer funds without deprivation.

The Hearing Committee found significant aggravation, including the respondent’s lack of insight into or appreciation of basic ethical obligations. It specifically noted that she routinely missed deadlines, and failed to follow BBO rules and orders. It recommended a two year suspension.

The Hearing Committee Report was served August 8, 2023. Neither party appealed. On September 11, 2023, the Board voted to adopt the report and recommendation of the Hearing Committee and to recommend a two-year suspension from practice. Its vote was served on the parties by email on September 21, 2023. On October 11, 2023, the respondent filed a Motion to File Notice of Appeal Late, claiming she had not seen the emailed Hearing Report, and was unaware of the Hearing Committee’s decision or the need to file an appeal. The motion was allowed, and the respondent was given until November 13, 2023 to file her brief. She subsequently filed six more requests for additional time, all of which were allowed. The final Order gave her until January 22, 2024 at 5:00 P.M. to file her brief. She missed this deadline, and an Information was filed with the SJC.

The respondent’s hearing before the SJC was scheduled for March 29, 2024. She requested additional time and was given until May 31, 2024. On that date, she filed a Motion to Remand to the Board, for its consideration of her appeal. Bar counsel objected. After the hearing, where the respondent appeared and represented herself, Justice Georges denied her request for remand. On June 3, 2024, Justice Georges imposed a two-year suspension, effective immediately.

(MIke Frisch)