Monday, December 9, 2013

Special Delivery

A Massachusetts attorney was publicly reprimanded for bring a sealed envelope into a correctional facility.

The envelope was given to the attorney by the inmate's brother. The respondent had not read the rules and regulations posted in the lobby or published in the CMR regarding visits and materials that may be delivered to an inmate or brought into an institution. As a result, the respondent was not aware that she was required to obtain the permission of the superintendent or commissioner to deliver the contents of the sealed envelope from the client’s brother to her client, and she had not obtained permission. The contents of the sealed envelope were confiscated, and the respondent was not permitted to meet with her client that day. The respondent was barred from all Department of Correction institutions and facilities for one year, pursuant to 103 CMR 483.16(5)(d).

The respondent’s conduct in failing to read the pertinent rules and regulations and in attempting to deliver to her client material from his family without the permission of the superintendent or commissioner was in violation of Mass. R. Prof. C. 1.1 and 8.4(h).

In aggravation, the respondent received an admonition in 2007 for unrelated conduct.

(Mike Frisch)

Bar Discipline & Process | Permalink

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