what are the discipliary proceedings pending attorney "john molloy" in mass

by Thelma Rutherford 9 min read

How are disciplinary proceedings conducted before the board and the court?

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Can a lawyer be denied a reasonable opportunity in disciplinary proceedings?

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How to file a petition under oath for disciplinary proceedings?

An attorney is eligible for admission to the bar of this district if the attorney: (1) is a member of the bar in good standing in Massachusetts; (2) is a member of the bar in good standing in every jurisdiction in which the attorney has been admitted to practice; and (3) is not the subject of disciplinary proceedings pending in any jurisdiction ...

What is Rule XI disciplinary proceedings Section 1?

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What is the Board of Professional Responsibility?

The Board on Professional Responsibility. (a) Composition of the Board. The Court shall appoint a board to be known as the Board on Professional Responsibility, which shall consist of seven members of the Bar and two persons who are not lawyers. (b) Appointment of Board members.

How long does it take to file an exception to a court report?

The attorney or Disciplinary Counsel, or both, may file with the Court exceptions to the report of the Board within twenty days from the date of service of a copy thereof. The Court, for good cause shown, may grant an additional period for filing exceptions, not to exceed twenty days.

What is disciplinary counsel?

As used hereafter in this rule, the term "Disciplinary Counsel" shall refer collectively to Disciplinary Counsel, any Special Disciplinary Counsel, and all assistant disciplinary counsel unless the context requires otherwise.

What is a certified copy of a court record?

A certified copy of the court record or docket entry of a finding that an attorney is guilty of any crime, or of a plea of guilty or nolo contendere by an attorney to a charge of any crime, shall be conclusive evidence of the commission of that crime in any disciplinary proceeding based thereon. (g) Reinstatement.

What is negotiated disposition?

(a) Availability of negotiated discipline.#N#An attorney who is the subject of an investigation by Disciplinary Counsel, or of a pending petition under section 8 (c) of this rule charging misconduct, may negotiate with Disciplinary Counsel a disposition of the charges and sanction at any time before a Hearing Committee has submitted to the Board a report containing its findings and recommendation with respect to discipline.#N#(b) Documentation of a negotiated disposition.#N#(1) A petition for negotiated disposition, signed by Disciplinary Counsel and the attorney, shall contain:

What is immunity in disciplinary proceedings?

(a) Immunity. Complaints submitted to the Board or Disciplinary Counsel shall be absolutely privileged , and no claim or action predicated thereon may be instituted or maintained. Members of the Board, its employees, members of Hearing Committees, Disciplinary Counsel, and all assistants and employees of Disciplinary Counsel, all persons engaged in counseling, evaluating or monitoring other attorneys pursuant to a Board or Court order or a diversion agreement, and all assistants or employees of persons engaged in such counseling, evaluating or monitoring shall be immune from disciplinary complaint under this rule and from civil suit for any conduct in the course of their official duties.#N#(b) Complaints against members of the disciplinary system. Disciplinary complaints against members of the Board involving activities other than those performed within the scope of their duties as Board members shall be submitted directly to the Court. Disciplinary complaints against Hearing Committee members, the Executive Attorney, or Disciplinary Counsel involving activities other than those performed within the scope of their duties as such shall be submitted directly to the Board.#N#(c) Effect of settlement, compromise, restitution, or refusal to proceed. Neither unwillingness nor neglect by the complainant to sign a disciplinary complaint or to prosecute a charge, nor settlement, compromise, or restitution, shall in itself justify abatement of an investigation into the conduct of an attorney.#N#(d) Related pending litigation. The processing of a disciplinary complaint shall not be deferred or abated because of substantial similarity to the material allegations of pending criminal, civil, or administrative proceedings, unless authorized by the Board or a Contact Member for good cause shown.#N#(e) Service. Service upon the attorney of a petition instituting formal disciplinary proceedings shall be made by personal service by any person authorized by the Chairperson of the Board, or by registered or certified mail, return receipt requested, to the address shown in the most recent registration statement filed by the attorney pursuant to Rule II, or other last known address. Service by registered or certified mail shall not be effective unless Disciplinary Counsel files in the record of the proceeding proof of receipt of the petition by the attorney. Service of any other paper or notice required by this rule shall, unless otherwise provided in this rule, be made in accordance with Superior Court Civil Rule 5.#N#(f) Deleted by Court, effective March 1, 2016.#N#(g) Expenses. The salaries of Disciplinary Counsel and the Executive Attorney, their expenses, the expenses of the members of the Board and Hearing Committees, and other expenses incurred in the implementation or administration of this rule shall be paid out of the funds of the Bar.

How long does it take to serve notice of a hearing?

The date of the hearing shall be at least fifteen days after the date of service of the notice.