Monday, August 8, 2022

Thy Partner's Keeper

A relatively rare public reprimand of the Massachusetts Board of Bar Overseers sanctioned an attorney who had failed to correct the misconduct of his law partner in a bankruptcy matter

Throughout the adversary proceeding, the respondent was on notice of the successive contempt orders and sanctions. Although the respondent at times discovered information after the fact, the respondent knew of the law partner’s conduct and consequences at a time when the consequences could have been avoided or mitigated but failed to take reasonable remedial action at the time on behalf of the firm or the firm’s client.

Where the respondent was a partner of a lawyer who violated the Rules of Professional Conduct and where the respondent knew of the conduct at a time when its consequences could have been avoided or mitigated but failed to take reasonable remediable action, the respondent violated Mass. R. Prof. C. 1.3 and 5.1(c)(2). Where the respondent knew or should have known of the second contempt order and did not take adequate steps to ensure that the attorney responsible complied, the respondent violated Mass. R. Prof. C. 3.4(c) and 8.4(d).

The parties stipulated to the misconduct and reprimand. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2022/08/a-relatively-rare-public-reprimand-of-the-massachusetts-board-of-bar-overseers-sanctioned-an-attorney-who-had-failed-to-corre.html

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