Monday, July 30, 2007

Reciprocal Discipline In Massachusetts

An attorney who had been suspended in New Hampshire was also admitted in Massachusetts. The attorney failed to advise Massachusetts authorities of the suspension. As a result, the suspension was not given retroactive effect in Massachusetts. The opinion is linked here.

In an unrelated reciprocal discipline matter, the Massachusetts Supreme Judicial Court held that it was appropriate to increase the sanction over that imposed by the disciplining court (in this case the District of Columbia) where the misconduct warranted a greater sanction ("...our task is not to replicate the sanction imposed in another jurisdiction but, rather, to mete out the sanction appropriate in this jurisdiction.") The case involved neglect and failure to provide competent representation by a lawyer with a long disciplinary history. I am glad to see that I'm not the only person who thinks that D.C. is lenient to a fault for such misconduct. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2007/07/no-retroactive-.html

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