You Lie!

The Massachusetts Supreme Judicial Court imposed a three-month suspension

In Count One of a two-count petition for discipline, the respondent was charged with the knowing violation of multiple court orders during a jury trial in a criminal matter. The respondent represented a criminal defendant who was charged with extortion by threat of injury against two members of a town Select Board. During his client’s trial, the respondent was found in criminal contempt on three separate occasions, following repeated warnings by the judge. The respondent’s conduct involved, inter alia, making numerous comments in front of the jury about the judge’s rulings on objections and, at one point, stating in front of the jury that the witness on the stand “just said a lie.” As a result, on November 22, 2022, the respondent was convicted in Norfolk Superior Court of three counts of contempt and was fined $1,500. He paid only $1,000 toward his fine and, therefore, failed to comply with the sanctions order. The respondent’s misconduct violated Mass. R. Prof. C. 3.4(c), 3.4(e)(3), 3.5(d), 8.4(b), 8.4(d), and 8.4(h).

In Count Two, the respondent was charged with failing to cooperate with bar counsel in another disciplinary matter that was opened in March 2024. Bar counsel filed a petition for administrative suspension which the Court entered in May 2024. Thereafter, the respondent failed to comply with the suspension order.

The respondent’s misconduct violated Mass. R. Prof. C. 3.4(c), 8.1(b), 8.4(d), 8.4(g), 8.4(h), and SJC Rule 4:01 § 17(5) and (6). There were no aggravating or mitigating factors. Although not mitigating, after the petition for discipline was filed, the respondent paid the remaining balance of his contempt fine in Count One and cooperated with bar counsel’s investigation in Count Two.

The parties filed a stipulation as to the misconduct and rule violations and jointly recommended to the Board a three-month suspension. By a corrected vote dated January 13, 2025, the Board of Bar Overseers recommended to the S.J.C. that it accept the parties’ stipulation.

On February 11, 2025, Justice Wolohojian imposed a three-month suspension.

(Mike Frisch)