Posts tagged "Matter"

In the Matter of Moran, Robert C. (Lawyers Weekly No. 10-068-18)

Read more...

Posted by Massachusetts Legal Resources - April 20, 2018 at 2:47 pm

Categories: News   Tags: , , , , ,

In the Matter of Strauss, Ariel J. (Lawyers Weekly No. 10-056-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12148

IN THE MATTER OF ARIEL J. STRAUSS.

Suffolk.     January 24, 2018. – April 12, 2018.

Present:  Gants, C.J., Lowy, Cypher, & Kafker, JJ.

Attorney at Law, Disciplinary proceeding, Misuse of client funds, Suspension.

Information filed in the Supreme Judicial Court for the county of Suffolk on January 20, 2016.

The case was heard by Duffly, J.

Terrence D. Pricher, Assistant Bar Counsel.

Jeffrey D. Woolf for Board of Bar Overseers.

Thomas F. Maffei for the respondent. read more

Read more...

Posted by Massachusetts Legal Resources - April 12, 2018 at 8:44 pm

Categories: News   Tags: , , , , ,

In the Matter of Children

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12386

IN THE MATTER OF CHILDREN.

April 2, 2018.

Supreme Judicial Court, Superintendence of inferior courts.

Frank LaMonde appeals from a judgment of a single justice of this court denying his petition pursuant to G. L. c. 211, § 3.  We affirm.

As best we can tell from the record before us, LaMonde’s two minor children are in the temporary custody of the Department of Children and Families and have been since February, 2016.  Since that time, LaMonde has filed several emergency motions for custody.  In the most recent motion, filed in April, 2017, LaMonde not only seeks custody but also alleges that the children’s mother, from whom LaMonde is divorced, is a danger to the children and has “kidnapped” them two or three times.[1],[2]  The motion was denied. read more

Read more...

Posted by Massachusetts Legal Resources - April 3, 2018 at 11:20 am

Categories: News   Tags: ,

In the Matter of E.C. (Lawyers Weekly No. 10-039-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReportersjc.state.ma.us

SJC-12230

IN THE MATTER OF E.C.

Plymouth.     November 9, 2017. – March 15, 2018.

Present:  Gants, C.J., Gaziano, Lowy, & Budd, JJ.

Incompetent Person, Commitment.  Practice, Civil, Civil commitment.

Petition for civil commitment filed in the Brockton Division of the District Court Department on March 4, 2013.

The case was heard by Beverly J. Cannone, J., and a motion for reconsideration was also heard by her.

After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. read more

Read more...

Posted by Massachusetts Legal Resources - March 15, 2018 at 11:41 pm

Categories: News   Tags: , , , ,

In the Matter of a Grand Jury Investigation (Lawyers Weekly No. 11-152-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

16-P-215                                        Appeals Court

IN THE MATTER OF A GRAND JURY INVESTIGATION.

 

 

No. 16-P-215.

Middlesex.     October 5, 2017. – December 11, 2017.

Present:  Sullivan, Blake, & Singh, JJ.

Witness, Compelling giving of evidence, Self-incrimination.  Constitutional Law, Self-incrimination.  Cellular TelephoneGrand JuryPrivacyPublic Records. Practice, Criminal, Assistance of counsel.  Contempt.

Motion filed in the Superior Court Department on January 22, 2016. read more

Read more...

Posted by Massachusetts Legal Resources - December 11, 2017 at 6:32 pm

Categories: News   Tags: , , , , , ,

In the Matter of Corbett (Lawyers Weekly No. 10-170-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12305

IN THE MATTER OF WILLIAM P. CORBETT, JR.

October 25, 2017.

Attorney at Law, Disciplinary proceeding, Disbarment, Commingling of funds.  Conversion.

A single justice of this court ordered that the respondent, William P. Corbett, Jr., be disbarred from the practice of law for conduct including intentional conversion of funds belonging to two clients, causing deprivation for both.  The respondent concedes that his conduct violated the rules of professional conduct applicable to attorneys; he appeals only the sanction imposed as being too harsh.[1]  We affirm. read more

Read more...

Posted by Massachusetts Legal Resources - October 25, 2017 at 3:58 pm

Categories: News   Tags: , , , ,

In the Matter of a Grand Jury Investigation (Lawyers Weekly No. 10-086-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12249

IN THE MATTER OF A GRAND JURY INVESTIGATION.

May 25, 2017.

Supreme Judicial Court, Superintendence of inferior courts.  Moot Question.

The petitioner, R.C., appealed from a judgment of the county court denying his petition for relief under G. L. c. 211, § 3.  R.C. has been indicted for possessing and distributing child pornography.  In his petition, he sought relief from an order of a Superior Court judge authorizing computers and digital storage devices (digital material) seized from his home to be searched for child pornography.  R.C., who is an attorney, argued that the digital material may contain privileged data provided to him by his clients and that the Superior Court judge’s order did not adequately protect any such privileged data because it does not conform to the protocol set forth in Preventive Med. Assocs. v. Commonwealth, 465 Mass. 810 (2013).  After the single justice denied relief, R.C. moved to stay the Superior Court order pending this appeal.  We denied that motion, thereby allowing the search to proceed.  The Commonwealth has moved to dismiss this appeal as moot.  It represents that the search has taken place pursuant to the protocol set forth in the Superior Court order, that files allegedly containing child pornography were transmitted to R.C.’s counsel, and that R.C. does not claim that any of those files are protected by the attorney-client privilege.  R.C. has not disputed these representations or filed any response to the motion within the time set forth in Mass. R. A. P. 15 (a), 365 Mass. 859 (1974).  R.C.’s challenge to the Superior Court order has become moot, as that order has been fully carried out.  See Lenardis v. Commonwealth, 452 Mass. 1001, 1001 (2008).  No effective relief can be provided.  Moreover, we see no reason to believe that the issue is capable of repetition, yet evading review, and R.C. has offered none. read more

Read more...

Posted by Massachusetts Legal Resources - May 26, 2017 at 12:19 am

Categories: News   Tags: , , , , , ,

In the Matter of an Application for a Criminal Complaint (Lawyers Weekly No. 10-088-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReportersjc.state.ma.us

SJC-12062

IN THE MATTER OF AN APPLICATION FOR A CRIMINAL COMPLAINT.

May 25, 2017.

Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Complaint, Standing.  Police Officer.

The petitioner appeals from a judgment of the county court denying her petition for relief under G. L. c. 211, § 3.  We affirm the judgment.

The petitioner, who was a Boston police officer, filed an application for a criminal complaint in the West Roxbury Division of the Boston Municipal Court (BMC), alleging that the respondent, her supervisor, committed an assault and battery against her.  The respondent was the commander of the police station falling within that court’s jurisdiction.  After a hearing, a clerk-magistrate denied the application for lack of probable cause.  G. L. c. 218, § 35A.  The petitioner moved for reconsideration and change of venue.  The application was transferred to the Charlestown Division of the BMC for rehearing by a clerk-magistrate, although it appears that the application was not docketed until almost one year later.  The petitioner requested that the matter be transferred out of Suffolk County to Bristol County.  That request was denied.  The respondent also requested a new hearing and change of venue on the ground that he had a business relationship with all the divisions of the BMC.  As a result, the application was transferred to the Dedham Division of the District Court Department, nearly three years after the application was transferred to the Charlestown Division of the BMC.[1]  A clerk-magistrate of that court denied the application, finding no probable cause.  The petitioner then filed her G. L. c. 211, § 3, petition, seeking both a rehearing on her application and a broader ruling requiring that applications for criminal complaints made against police officers be automatically transferred to a judge outside the police officer’s jurisdiction, rather than being heard by a clerk-magistrate in the first instance.  The single justice denied relief without a hearing. read more

Read more...

Posted by Massachusetts Legal Resources - May 25, 2017 at 8:44 pm

Categories: News   Tags: , , , , , ,

In the Matter of Zak, David (Lawyers Weekly No. 10-055-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12073

IN THE MATTER OF DAVID ZAK.

April 10, 2017.

Attorney at Law, Disciplinary proceeding, Commingling of funds, Fee-sharing agreement, Advertising, Disbarment.

The respondent attorney, David Zak, appeals from a judgment of a single justice of this court disbarring him from the practice of law.[1]  We affirm.

Background.  Bar counsel filed a seven-count petition for discipline with the Board of Bar Overseers (board) against the respondent arising out of the respondent’s solicitation and handling of a substantial number of mortgage loan modification cases over more than a four-year period.  See note 10, infra.  Count one alleged that the respondent made payments to others to recommend his services and to solicit professional employment for the respondent from prospective clients;[2] shared fees with nonlawyers;[3] failed to instruct and supervise his employees and agents adequately;[4] and engaged in the practice of law with a person who was not a lawyer.[5]  Count two charged that the respondent made false and misleading advertisements about himself, his law firm, and his loan modification services, in Massachusetts and other jurisdictions.[6]  Count three alleged that the respondent charged and collected advance fees for loan modification services, in violation of Federal and State statutes and regulations, and that the fees he charged were either excessive or illegal, or both.[7]  Count four alleged that the respondent provided or caused to be provided to clients false, deceptive or misleading information about his loan modification services.[8]  Counts five, six, and seven alleged misconduct during the respondent’s handling of three specific loan modification matters, and in connection with bar counsel’s investigation of complaints filed by those clients. read more

Read more...

Posted by Massachusetts Legal Resources - April 10, 2017 at 4:40 pm

Categories: News   Tags: , , , ,

In the Matter of N.L. (Lawyers Weekly No. 10-044-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12183

IN THE MATTER OF N.L.

Middlesex.     December 5, 2016. – March 14, 2017.

Present:  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Mental Health.  Practice, Civil, Commitment of mentally ill person, Continuance, Moot case.  Moot Question.

Petitions for civil commitment and to authorize medical treatment filed in the Cambridge Division of the District Court Department on November 3, 2014.

A motion for a continuance was heard by Roanne Sragow, J., and the petitions were also heard by her. read more

Read more...

Posted by Massachusetts Legal Resources - March 14, 2017 at 5:05 pm

Categories: News   Tags: , , , ,

Next Page »