Monday, March 31, 2008

More Than Spellcheck

The Massachusetts Supreme Judicial Court affirmed a contempt finding made by a single justice that a suspended lawyer engaged in unauthorized practice by drafting a series of pleadings and related documents in a domestic case:

"Kafkas argues on appeal, as he testified before the single justice, that he was merely helping his acquaintance with his spelling and grammar. However, the single justice did not so find. There is no indication that he credited this testimony. Indeed, to the contrary, the single justice specifically found that Kafkas had become 'engaged as lawyer for another in a new matter,' and that his work 'constituted the practice of law' as well as paralegal work. Similarly, while Kafkas argues that he did not wilfully disobey the suspension order, the single justice found that he did. None of the single justice's findings has been shown to be clearly erroneous."

The case is Matter of Kafkas, decided March 28, 2007. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/03/more-than-spell.html

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