In re Gustafson
986 N.E.2d 377
Mass.2013Background
- Gustafson was admitted to practice in December 2008 and registered with the Board of Bar Overseers in January 2009.
- She failed to file a supplemental change statement in 2010 and did not pay or file required registration updates.
- An order suspending her practice was entered on July 26, 2010, and she subsequently fell under S.J.C. Rule 4:01, § 17.
- In November 2010 she was employed as in-house counsel in Massachusetts while suspended; she submitted registration materials that were not promptly processed.
- Bar counsel investigated based on reports that Gustafson continued to practice while suspended and failed to respond to the disciplinary process; a default was entered after she did not answer the petition for discipline.
- The board recommended a six-month suspension with reinstatement proceedings under Rule 4:01, § 18, including the multistate professional responsibility examination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the six-month suspension is markedly disparate from sanctions in similar cases | Bar Counsel argues a longer sanction was warranted | Gustafson contends the six-month sanction aligns with similar cases and does not require reinstatement proceedings | Six-month suspension not markedly disparate; affirmed |
Key Cases Cited
- Matter of Alter, 389 Mass. 153 (1983) (disparate sanctions analyzed in discipline reviews)
- Matter of Griffith, 440 Mass. 500 (2003) (deference to board; public protection focus)
- Matter of Lupo, 447 Mass. 345 (2006) (balance protection and deterrence in discipline)
- Matter of Concemi, 422 Mass. 326 (1996) (deterrence and public protection considerations)
- Matter of Murray, 25 Mass. Att'y Disc. Rep. 404 (2009) (six-month suspension for practicing during administrative suspension)
- Matter of Blessington, 19 Mass. Att'y Disc. Rep. 54 (2003) (six-month plus reinstatement considerations)
- Matter of Blodgett, 25 Mass. Att'y Disc. Rep. 71 (2009) (short suspension where misconduct occurred during suspension)
- Matter of Yonce, 20 Mass. Att'y Disc. Rep. 552 (2004) (aggravation and cooperation factors in discipline)
- Matter of Garabedian, 416 Mass. 20 (1993) (additional misconduct factors warranting discipline)