Wednesday, December 23, 2009

Right Of Way

From the web page of the Massachusetts Board of Bar Overseers is the following summary:

On June 19, 2008, the respondent was convicted in Dedham District Court of negligent operation of a motor vehicle in violation of G. L. c. 90, § 24. The respondent had been involved in a long-term dispute with his neighbors over a right of way, and the negligent operation arose from his driving his car on the lawn of one of the neighbors when a member of the household was in the yard. The respondent claimed the lawn was part of the disputed right of way. The respondent was sentenced to eighteen months of supervised probation with conditions that he not contact the neighbor’s family involved in the criminal conduct and complete an anger management program.

Bar counsel filed a petition for discipline alleging that the respondent’s conduct violated Mass. R. Prof. C. 8.4(b) and (h). The respondent filed an answer admitting to the allegations of the petition for discipline. The parties agreed that a public reprimand was the appropriate sanction. On October 19, 2009, the Board of Bar Overseers voted to sanction the respondent by a public reprimand.

The case is Matter of Simoni. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/12/right-of-way.html

Bar Discipline & Process | Permalink

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