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In the Matter of Weiss (Lawyers Weekly No. 10-039-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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;   SJC-11890   IN THE MATTER OF RICHARD S. WEISS. March 17, 2016.     Attorney at Law, Suspension, Reinstatement.     The petitioner, Richard S. Weiss, appeals from the judgment of a single justice of this court denying his petition for reinstatement to the bar.  We affirm.   After Weiss “stipulated to facts warranting the conclusion that he violated the applicable disciplinary rules,” see Matter of Weiss, 460 Mass. 1012, 1013 (2011), he was suspended from the practice of law for one year and one day, effective May 20, 2011.  His first petition for reinstatement was denied by a single justice of this court in 2013, and he was given leave to reapply for reinstatement on or after January 1, 2014.  See S.J.C. Rule 4:01, § 18 (8), as appearing in 453 Mass. 1315 (2009).  He filed a second petition for reinstatement on June 25, 2013.  The single justice denied the petition without prejudice to filing a new petition on or after January 1, 2014.  The petition he filed thereafter, his third, is the subject of this appeal.   On October 23, 2014, a hearing committee of the Board of Bar Overseers (board) held a hearing, at which Weiss was represented by counsel, on his third petition.  The committee issued a report on December 2, 2014, setting forth its findings and recommending that the petition for reinstatement be denied.  On February 22, 2015, the board voted unanimously to adopt the report of the hearing committee and its recommendation that the petition be denied.  A single justice of this court reviewed the record before the hearing committee and the board, concluded that there was substantial evidence to support the findings, and denied the petition for reinstatement.[1]  The case is now before us on Weiss’s preliminary memorandum, pursuant to S.J.C. Rule 2:23 (b), 471 Mass. 1303 (2015).  That rule requires an appellant to   “set forth the relevant background and summarize the appellant’s arguments on appeal, with citations to applicable authority.  It is incumbent on the appellant to demonstrate in this memorandum that there has been an error of law or abuse of discretion by the single justice; that the decision is not supported by substantial evidence; that the sanction is markedly disparate from the sanctions imposed in other cases involving similar circumstances; or that for other reasons the decision will result in […]


Posted by Massachusetts Legal Resources - March 17, 2016 at 9:50 pm

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