Attorney John Molloy of Chelsea, MA; ethical leprechaun. The state of Massachusetts presented John Molloy with a law license in 1996 after he graduated from the New England School of Law.. The Board of Bar Overseers found Johnny guilty of the following misconduct. Knowingly made a false statement of material fact to a tribunal
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Learn more about the Bar Docket. The bar docket is the name of the county court docket that deals with attorney discipline and purely administrative attorney matters. Administrative matters concerning the bar can include: the appointment of a commissioner in the event of death or disappearance pursuant to SJC Rule 4:01 §14; the transfer of an ...
Online. For general information Email Contact BORIM at [email protected]. For help with Physician Profiles Email Contact BORIM at [email protected]. BORIM Frequently Asked Questions (FAQ) Fax. (781) 876-8383.
A final order or judgment of the single justice in a bar discipline case entered on the county court docket before April 1, 2009, is appealable to the full court and is governed by the Massachusetts Rules of Appellate Procedure. The standard by which the sanction is imposed is reviewed is whether the sanction is "markedly disparate from those ordinarily entered in similar cases." Matter of Kerlinsky, 428 Mass. 656, 664 (1999).
Any final order or judgment of the single justice in a bar discipline case entered after April 1, 2009, may be appealed to the full court by filing a notice of appeal with the clerk for the single justice within ten days of the decision being appealed. The record on appeal consists of the papers before the single justice and preliminary memorandum from the appellant in which he or she must demonstrate, i.e., "that there has been an error of law or abuse of discretion by the single justice; that the decision is not supported by substantial evidence; that the sanction is markedly disparate from the sanctions imposed in other cases involving similar circumstances; or that for other reasons the decision will result in a substantial injustice." The appellee is required to file a memorandum only if requested.
The appellee is required to file a memorandum only if requested. The appellant must file a memorandum limited to no more than twenty pages . The appellee may not file a memorandum, unless requested by the court.
Nine copies of the memorandum and the record appendix must be filed with the clerk of the Supreme Judicial Court for the Commonwealth. The court may decide the case without oral argument. Three justices may decide that the case should instead proceed in the regular course, pursuant to the Rules of Appellate Procedure.
the enforcing or quashing of a subpoena in connection with investigative proceedings before the Board of Bar Overseers
The grounds upon which bar counsel may petition the single justice for disciplinary action against an attorney include: In addition, the rule gives the single justice discretion to accept an attorney's resignation or to place an attorney on disability inactive status. A final order or judgment of the single justice in a bar discipline case entered ...
(1) Each act or omission by a lawyer, individually or in concert with any other person or persons, which violates any of the Massachusetts Rules of Professional Conduct (see Rule 3:07 ), shall constitute misconduct and shall be grounds for appropriate discipline even if the act or omission did not occur in the course of a lawyer-client relationship or in connection with proceedings in a court. A violation of this Chapter 4 by a lawyer, including without limitation the failure without good cause (a) to comply with a subpoena validly issued under section 22 of this rule; (b) to respond to requests for information by the Bar Counsel or the Board made in the course of the processing of a complaint; (c) to comply with procedures of the Board consistent herewith for the processing of a petition for discipline or for the imposition of public reprimand or admonition (see section 4 of this rule); or (d) to comply with a condition of probation or diversion to an alternative educational, remedial, or rehabilitative program shall constitute misconduct and shall be grounds for appropriate discipline.
The court, in its discretion, may direct that a respondent lawyer pay the costs incurred in connection with the processing of a disciplinary proceeding and information, as well as the costs incurred by the bar counsel and the Board in attempting to gain information from the respondent lawyer in connection with the processing of a complaint against said lawyer.
Eight years after the administration of an admonition, it shall be vacated, and the complaint which gave rise to it dismissed, unless during such period another complaint has resulted in the imposition of discipline or is then pending.
A lawyer who is the subject of an investigation under this Chapter Four may submit a resignation by delivering to the Board an affidavit stating that he or she desires to resign, and that:
Appointments to the Board shall be for a term of four years. No member shall be appointed to more than two consecutive full terms but (a) a member appointed for less than a full term (originally or to fill a vacancy) may serve two full terms in addition to such part of a full term, and (b) a former member shall again be eligible for appointment after a lapse of one or more years. A member whose term has expired shall continue in office until a successor is appointed and, in any event, shall continue to serve on any hearing or appeal panel to which he or she has been appointed until the panel completes its duties and may be recalled to serve on the panel in the event of a remand by the Board or the court.
Whenever the court deems it necessary, it may appoint a commissioner to take appropriate action in lieu of, or in addition to, the action directed in subsection (1) of this section. The appointment of the commissioner shall be at the expense of the lawyer unless otherwise ordered by the court.
Rule 1:08: Form, style, and size of papers filed in all courts. Rule 1:09 : Form of original executions for all courts of the Commonwealth. Rule 1:10: Form of alias executions for all courts of the Commonwealth. Rule 1:11: Rule relative to the disposal of court papers and records.
SJC considers statute of limitations in clergy abuse cases 2/6/03 Boston (AP) “The state’s highest court heard arguments…on whether a lawsuit brought by a woman who claimed she was abused by a priest as a teenager more than four decades ago should at least be heard by a jury under the state’s statute of limitations. State law gives a person three years to file a lawsuit after they turn 18, but the law allows people more time if they did not make the connection between the alleged abuse and damage suffered as a result of it until later. The case could have ramifications in other church sexual abuse lawsuits.” http://www.boston.com/dailynews/037/region/SJC_considers_statute_of_limit:.shtml
from LMS Daughter Gets 48 Years In Slaying of Her Father – Siblings Say No Sentence Could Bring Justice By Maria Glod 2/11/03 “Clara Jane Schwartz, a former college student obsessed by vampires, assassins and magic, was sentenced yesterday to 48 years in prison for persuading a friend to kill her father.” http://www.washingtonpost.com/
from LMS Court Upholds Naples Cardinal Acquittal 1/16/03 Potenza, Italy (AP) – “An appeals court on Wednesday upheld the acquittal of Naples’ cardinal on charges he took about $500,000 in church funds…Cardinal Michele Giordano, 72, became the highest-ranking church official to stand criminal trial in Italy when he was prosecuted in 2000, accused of taking part in a massive loan-sharking ring. Prosecutors had alleged that the cardinal supplied about $800,000 to finance the ring run by his brother and had appropriated another $500,000 in church funds.” http://www.guardian.co.uk/worldlatest/story/0,1280,-2324666,00.html
The priest, the Rev. Michael R. Hands, said the official offered him some money to pay for insurance, medical care and therapy, “but then it was very important that I also gave them my silence.” http://www.nytimes.com/2003/01/04/nyregion/04ABUS.html
The Boston Files By Rita Ciolli and Joseph Mallia “In 1995, Bishop William F. Murphy, then the second-highest ranking official in the Archdiocese of Boston, faced a grave problem: One of his priests was accused of sexually molesting a boy at a church-run juvenile detention center. Murphy decided to allow the Rev. C. Melvin Surette to remain active and then gave the cleric $14,000 to start a job bank to find work for other priests accused of abusing children. Murphy also gave Surette an allowance to live in private housing and extra money for a car and parking expenses. The accuser, who was 16 at the time of the alleged abuse, received a $50,000 settlement.” http://www.newsday.com/news/local/longisland/ny-libishop0209,0,3547218.story
Lawyer says US bishop destroyed records of abusive priest J. M. Hirsch AP Manchester, New Hampshire 1/7/03 “The former bishop of New Hampshire destroyed church records in the late 1980s that detailed sexual abuse of children by two Roman Catholic priests, according to court records. The records indicate that Odore Gendron, the bishop of the Diocese of Manchester from 1975 to 1990, destroyed documents in one case at the request of the accused priest and in the other at the request of a facility treating a priest for sexual misconduct…Gendron did destroy the documents in question because they were private medical records and were made available to the diocese only on condition they be destroyed. He said the intent was never to cover up allegations of abuse.” http://world.scmp.com/worldnews/ZZZAFHKDFAD.html
Attorneys can be disciplined for various reasons - from failing to pay their bar dues to misappropriating client funds to gross ethical violations. Some attorneys who have been disciplined are no longer eligible to practice law.
If a complaint is made against an attorney, the state's organization will investigate the claim and determine whether or not the attorney has violated any ethical rules. If so, the organization will discipline the attorney as appropriate.
The Board of Bar Overseers is now accepting applications from attorneys and members of the public to fill several vacancies. The deadline for submitting applications is October 31, 2021. Attorneys must submit a resume; non-attorneys should submit a resume and must complete an application form. Details are available here.
The Office of the Bar Counsel, the Board of Bar Overseers, and participating bar associations are co-sponsoring a free one-hour program on trust account record keeping. The program will provide guidance for attorneys, paralegals, bookkeepers, or other law office support staff interested in receiving training on the requirements of Mass. R. Prof. C.
The BBO’s website now provides basic guidance to attorneys seeking reinstatement and their counsel, along with quick links to important forms. To view this information, visit the Reinstatement tab on the FAQ page.
On October 1, 2020, the Supreme Judicial Court issued its opinion In the Matter of Olchowski, an important decision concerning the administration of IOLTA accounts in the Commonwealth.
In an article posted here, Assistant Bar Counsel Robert Daniszewski reviews the ethical issues raised when lawyers respond to negative online reviews.
In an article posted here, General Counsel Joseph Berman and Bar Counsel Constance Vecchione review the parameters of new Mass. R. Prof. C. 1.15A on retention and destruction of client files. The rule was adopted by the SJC in June and takes effect on September 1, 2018.