Posts tagged "Matter"

In the Matter of Simkin (Lawyers Weekly No. 10-071-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11750

IN THE MATTER OF JAY EDWARD SIMKIN.

April 29, 2015.

Supreme Judicial Court, Superintendence of inferior courts.  Board of Bar Overseers.  Practice, Civil, Standing.

Jay Edward Simkin filed a petition in the county court alleging that certain attorneys had committed breaches of the rules of professional conduct in connection with proceedings involving the revocation and reinstatement of his license to carry firearms.  He requested that this court enter findings to that effect, which, he claimed, would lead to bar counsel’s reconsideration of her decision not to pursue his complaints against the attorneys.  The record indicates that the Board of Bar Overseers (board) reviewed bar counsel’s decision not to take further action.  A single justice denied Simkin’s petition without a hearing, reasoning that an “individual who files a complaint with the board lacks standing to challenge in a court action the board’s decision not to prosecute the complaint.”  Simpkin appeals.[1]

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Posted by Stephen Sandberg - April 29, 2015 at 5:12 pm

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In the Matter of: Dwyer-Jones, Suzanne T. (Lawyers Weekly No. 10-018-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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-11516

IN THE MATTER OF SUZANNE T. DWYER-JONES.

Suffolk.     October 6, 2014. – February 5, 2015.

Present:  Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Attorney at Law, Reciprocal discipline, Suspension, Disability, Inactive status.

Information filed in the Supreme Judicial Court for the county of Suffolk on May 16, 2012.

A petition to transfer to disability inactive status was heard by Gants, J.

Thomas R. Kiley for the respondent.

John W. Marshall, Assistant Bar Counsel.

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Posted by Stephen Sandberg - February 5, 2015 at 4:23 pm

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In the Matter of: Dwyer-Jones, Suzanne T. (Lawyers Weekly No. 10-018-15)

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-11516

IN THE MATTER OF SUZANNE T. DWYER-JONES.

Suffolk.     October 6, 2014. – February 5, 2015.

Present:  Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Attorney at Law, Reciprocal discipline, Suspension, Disability, Inactive status.

Information filed in the Supreme Judicial Court for the county of Suffolk on May 16, 2012.

A petition to transfer to disability inactive status was heard by Gants, J.

Thomas R. Kiley for the respondent.

John W. Marshall, Assistant Bar Counsel.

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Posted by Stephen Sandberg - February 5, 2015 at 4:23 pm

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In the Matter of: Dwyer-Jones, Suzanne T. (Lawyers Weekly No. 10-018-15)

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-11516

IN THE MATTER OF SUZANNE T. DWYER-JONES.

Suffolk.     October 6, 2014. – February 5, 2015.

Present:  Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

Attorney at Law, Reciprocal discipline, Suspension, Disability, Inactive status.

Information filed in the Supreme Judicial Court for the county of Suffolk on May 16, 2012.

A petition to transfer to disability inactive status was heard by Gants, J.

Thomas R. Kiley for the respondent.

John W. Marshall, Assistant Bar Counsel.

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Posted by Stephen Sandberg - February 5, 2015 at 4:23 pm

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In the Matter of a Grand Jury Investigation (Lawyers Weekly No. 10-004-15)

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-11697

IN THE MATTER OF A GRAND JURY INVESTIGATION.

Suffolk. September 4, 2014. – January 12, 2015.
Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk,
& Hines, JJ.

Grand Jury. Subpoena. Cellular Telephone. Constitutional Law, Grand jury, Subpoena, Self-incrimination. Practice, Criminal, Grand jury proceedings, Subpoena duces tecum, Warrant. Evidence, Grand jury proceedings. Attorney at Law, Attorney-client relationship. Search and Seizure, Warrant, Probable cause. Probable Cause.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on April 7, 2014.

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Posted by Stephen Sandberg - January 12, 2015 at 7:57 pm

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In the Matter of the Estate of Rosen (and a companion case) (Lawyers Weekly No. 11-165-14)

Posted by Stephen Sandberg - January 5, 2015 at 5:28 am

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In the Matter of: Haese, Glenn H. (Lawyers Weekly No. 10-084-14)

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‑11510

IN THE MATTER OF GLENN H. HAESE.

May 16, 2014.

Attorney at Law, Disciplinary proceeding, Disbarment, Misuse of client funds.  Board of Bar OverseersDue Process of Law, Continuance.  Administrative Law, Substantial evidence. Evidence, Administrative proceeding.

The respondent, Glenn H. Haese, appeals from a judgment of a single justice of this court disbarring him from the practice of law for multiple violations of the Massachusetts Rules of Professional Conduct.[1]  We affirm.

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Posted by Stephen Sandberg - May 16, 2014 at 3:06 pm

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In the Matter of Burnbaum, Michael W. (Lawyers Weekly No. 10-188-13)

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‑11352

IN THE MATTER OF MICHAEL W. BURNBAUM.

November 14, 2013.

Attorney at Law, Reciprocal discipline, Disbarment.

Following his Federal felony drug conviction, the Supreme Court of Florida granted the petition of the respondent, Michael W. Burnbaum, for disciplinary resignation from the Florida bar.  Approximately twelve years later, bar counsel petitioned, pursuant to S.J.C. Rule 4:01, § 16, as appearing in 425 Mass. 1319 (1997), for reciprocal discipline in Massachusetts.  After a hearing, a single justice of this court ordered that the respondent be suspended for three years from the practice of law in Massachusetts.  Bar counsel appeals.  We conclude that the respondent should be disbarred.

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Posted by Stephen Sandberg - November 14, 2013 at 8:44 pm

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In the Matter of: Fletcher, Patricia Jean (Lawyers Weekly No. 10-185-13)

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‑11441

IN THE MATTER OF PATRICIA JEAN FLETCHER.[1]

October 31, 2013.

Attorney at Law, Reinstatement, Disbarment.  Board of Bar Overseers.

The petitioner, Patricia Jean Fletcher, appeals from an order of a single justice of this court denying her petition for reinstatement to the bar.  We affirm.

In 1992, the petitioner was temporarily suspended from the practice of law in Massachusetts following her conviction in the State of New York of “serious crimes” within the meaning of S.J.C. Rule 4:01, § 12 (3) (b), as appearing in 425 Mass. 1313 (1997).[2]  Bar counsel thereafter filed a petition for discipline alleging, in addition to the convictions, that the petitioner violated the terms of her New York probation, failed to report the convictions to bar counsel and to cooperate in bar counsel’s investigation, and engaged in other misconduct involving deceit and misrepresentation.  See S.J.C. Rule 3:07, Canon 1, DR 1‑102 (A) (4), (5), & (6), as appearing in 382 Mass. 769 (1981); S.J.C. Rule 4:01, § 3(1), as amended through 382 Mass. 820 (1981).[3]  She was disbarred in 2000.  Matter of Wallenstein, 16 Mass. Att’y Discipline Rep. 409 (2000).  In 2011, she filed a petition for reinstatement.  A hearing panel of the Board of Bar Overseers (board), after a hearing, recommended that the petition be denied.  The petitioner appealed to the board, which accepted the hearing panel’s findings and recommendation and voted to recommend that the petition be denied.

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Posted by Stephen Sandberg - October 31, 2013 at 4:50 pm

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In the Matter of: Patch, Thomas F. (Lawyers Weekly No. 10-183-13)

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‑11144

IN THE MATTER OF THOMAS F. PATCH.

October 21, 2013.

Attorney at Law, Disciplinary proceeding, Suspension, Disbarment. Board of Bar Overseers.

Bar counsel appeals from an order of a single justice of this court indefinitely suspending the respondent, Thomas F. Patch, from the practice of law.  Bar counsel argues that the single justice abused his discretion by not accepting the recommendation of the Board of Bar Overseers (board) that the respondent be disbarred, and by instead ordering an indefinite suspension based on his personal observations of the respondent in the court room and his conclusion that the respondent’s misconduct was mitigated by “unresolved emotional issues.”  Because we agree with bar counsel, we vacate the order of indefinite suspension and direct that a judgment enter disbarring the respondent.

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Posted by Stephen Sandberg - October 21, 2013 at 8:43 pm

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