Friday, September 22, 2017

"Numerous Acts Of Financial Misconduct"

The Massachusetts Supreme Judicial Court disbarred an attorney for misconduct summarized on the web page of the Board of Bar Overseers

The respondent, Andrew M. Porter, resigned from the practice of law pursuant to S.J.C. Rule 4:01, ยง 15, and was disbarred. In his affidavit of resignation, dated January 30, 2017, the respondent acknowledged that bar counsel could establish by a preponderance of the evidence at a disciplinary hearing that the respondent had committed numerous acts of financial misconduct against his former law firm and clients. The misconduct included the improper billing of the law firm and clients for the respondent's own personal expenses unrelated to the practice of law; the respondent's intentional misuse of client funds from client trust accounts; and his personal receipt and retention of a retainer paid by a client for legal services, which payment belonged to his firm. The respondent acknowledged that the foregoing acts of fraud, deception, and misuse of funds totaled over $400,000 in the aggregate. By his conduct, the respondent violated Mass. R. Prof. C. 1.15(b), 1.15(c), 8.4(c), and 8.4(h).

(Mike Frisch)

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