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Articles Posted in Legal Ethics Issues

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APPEALS COURT REVERSES LEGAL MALPRACTICE ACTION AND REMANDS CASE FOR TRIAL

The Massachusetts Appeals Court has reversed and remanded an Essex Superior Court legal malpractice case. The attorney represented the Plaintiff, who was injured while dismatling a Light Tower twelve miles offshore in New York harbor. The Plaintiff suffered a severe brain injury when a loading platform where he was working…

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Attorney Disbarred for Repeated Misuse of Client Funds and Failure to Cooperate with Disciplinary Investigation

The Massachusetts Board of Bar Overseers has adopted the recommendation of a hearing committee, disbarring an attorney for misconduct, mostly having to do with misappropriation of client funds. The attorney, William P. Corbett defended the accusations and the ultimate sanction of disbarment, both factually and on the board’s interpretation of…

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Massachusetts Attorney Suspended Indefinitely for Criminal Forgery and Misconduct

A Massachusetts attorney has been suspended indefinitely as the result of two claims of misconduct, including falsifying information to the FBI and forging real estate documents.  Specifically, in April of 2006 and January of 2007, the attorney met with FBI agents and alleged that his bank had “misdirected” approximately $88,000…

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LEGAL MALPRACTICE SETTLEMENT IMPENDING IN PORTSMOUTH NEW HAMPSHIRE INHERITANCE CASE

Judicial Referee and retired Judge, Gary Cassavechia, has imposed a March 21, 2017 deadline for the beneficiaries of the late Geraldine Webber to reach a settlement in a legal malpractice suit with Webber’s former attorney, Gary Holmes.  Prior to Webber’s death, Holmes wrote a last will and trust which left…

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Admonition No. 15-23: Massachusetts Attorney Violates Ethical Rules in Representing Adverse Clients

The Massachusetts Board of Bar Overseers (“BBO”) has issued public admonition against an attorney for failing to obtain a former client’s consent before representing a new client in a substantially related matter adverse to the former client.  In Admonition No. 15-23, the attorney had been employed by the law firm…

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Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, SJC-11800: No Conflict of Interest in Concurrent Representation of Competitors by Different Law Firm Offices

The Massachusetts Supreme Judicial Court (“SJC”) recently held that the simultaneous representation of business competitors by attorneys in different offices of the same law firm does not constitute a per se conflict of interest.  In Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner LLP, the client hired a law firm’s Boston…

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In re: Malgorzata Chalupowski: SJC-11548: Applicant Denied Admission to Massachusetts Bar

The Supreme Judicial Court recently denied the application of a prospective attorney for admission to the Massachusetts bar on the basis that she lacked sufficient moral character.  In the matter of Malgorzata Chalupowski, a woman, who had passed the Massachusetts bar exam, submitted an application to the Board of Bar Overseers,…

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In re: Chandrankant Shridhar Panse: SJC-11846: Applicant Refused Admission to Massachusetts Bar

The Massachusetts Supreme Judicial Court (“SJC”) recently denied a prospective attorney’s application for admission to the bar on the grounds that he was not morally fit to practice law in the Commonwealth. In the case, In re: Chankrakant Shridhar Panse, an individual passed the state bar exam and submitted an…

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In Re: Timothy M. Mauser, No. BD-2015-045: Massachusetts Attorney Received Three Months Stayed Suspension

The Supreme Judicial Court (“SJC”) recently approved a three month suspension of a Massachusetts attorney for violating several Rules of Professional Conduct. In the Matter of Timothy M. Mauser, a husband and wife hired an attorney to review their bankruptcy proceedings, after they discovered certain tax liens had not been…

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Gary Wong v. George V.H. Luu, SJC-11789: Trial Court Judge Cannot Sanction Attorneys for Ethical Violations

The Supreme Judicial Court of Massachusetts (“SJC”) has recently reversed a lower court’s decision to sanction a Massachusetts attorney. In Gary Wong v. George V.H. Luu, the parties were attempting a settle several consolidated cases regarding the sale of three supermarket stores in Boston. However, shortly before the parties were…