With Friends Like These

A discipline summary from the web page of the Massachusetts Board of Bar Overseers

A Single Justice of the Supreme Judicial Court adopted the recommendation of the Board of Bar Overseers, after a hearing, that the respondent be suspended for six months, with a reinstatement hearing required. The respondent’s default constituted an admission of facts and rules violations charged in the petition for discipline. As charged in Count One, the respondent had from time to time represented the family of a high school friend on various matters. When the friend’s father died, his only asset was a bank account held jointly with the father’s children, so his estate was not initially probated. Later an IRS refund check was issued, payable to the father’s estate. The friend asked the respondent for assistance; she agreed, but did not discuss the basis of any rate or fee she planned to charge. Despite receiving the original will and relevant information, the respondent failed to perform the agreed upon services and ultimately stopped replying to the client, including a failure to return the original will. By failing to act with reasonable diligence and promptness in representing the client, the respondent violated Mass. R. Prof. C. 1.3. By failing to adequately communicate with the client, the respondent violated Mass. R. Prof. C. 1.4(a). By failing to return the original will to the client, the respondent violated Mass. R. Prof. C. 1.15(c), and 1.15A(b) and (d).

The second count involved failure to cooperate with the bar investigation. (Mike Frisch)