416 Mass. 340 | Mass. | 1993
This case is before us on a reservation and report, without decision, of a single justice of this court, that states: “I reserve and report this petition for reinstatement of [the petitioner] on the Record of Proceedings before me. I also report the question whether an attorney who has been disbarred and had his or her name stricken from the Roll of Attorneys in the Commonwealth of Massachusetts must take the full bar examination as well as the examination for pro
The underlying facts are described briefly.
When seeking reinstatement, the petitioner has a two-prong burden. He must demonstrate: (1) that he has the moral qualifications, competency, and learning in law required for admission to practice law in the Commonwealth; and (2) that his resumption of the practice of law will not be detrimental to the integrity and standing of the bar, the administration of justice, or to the public interest.
In deciding a case of this kind, considerations of public welfare are dominant. The question is not whether the petitioner has been punished enough. Matter of Keenan, 314 Mass. 544, 547 (1943). However no “offense is so grave that a disbarred attorney is automatically precluded from attempting to demonstrate through ample and adequate proofs, drawn from conduct and social interactions, that he has achieved a ‘present fitness’ (In re Kone, 90 Conn. 440, 442 [1916]) to serve as an attorney and has led a sufficiently exemplary life to inspire public confidence once again, in spite of his previous actions.” Matter of Hiss, supra at 452. Consistent with this view, we have allowed the reinstatement of similarly situated attorneys. See Matter of Allen, supra; Matter of Latour, 4 Mass. Att’y Discipline Rep. 63, 67 (1984); Matter of Liakos, supra; Matter of O’Brien, 2 Mass. Att’y Discipline Rep. 166, 168 (1981). When assessing a petitioner’s moral fitness, five relevant considerations are: (1) the nature of the original offense; (2) the petitioner’s age, maturity, and experience at the time of disbarment; (3) the petitioner’s conduct and occupation since disbarment; (4) the amount of time that has elapsed since disbarment; and (5) whether the petitioner is currently competent in his legal skills. Matter of Hiss, supra at 460.
We turn to the petitioner’s evidence. The petitioner’s personal history as found by the panel is as follows: The petitioner, who was seventy-five years old at the time of the hearing, graduated from Union College in 1939. He enlisted
While the petitioner does not challenge his convictions, he continues to maintain his innocence. Fifteen years have elapsed since the petitioner’s suspension and eleven years since his disbarment. During this time, he has abided by the court’s decree and not engaged in any activity that would constitute the practice of law. The petitioner has become very successful as an accountant and in real estate development. There is no material dispute regarding the manner in which he has carried on his work and business.
The petitioner amply demonstrated moral qualification, competency, and learning in law. He subscribes to several tax magazines and keeps abreast of recent opinions.
Testimony provided by the petitioner, character witnesses, and letters of recommendation indicate his “many- acts of charity; a multitude of charitable contributions; and a true dedication to friends and family, especially his wife, who suffers from a debilitating illness.” Among the witnesses who testified at the hearing were a judge of the Essex County Probate and Family Court, a retired assistant chief probation officer for the Dorchester District Court, a professor and associate dean of a well-known law school, the register of deeds for Suffolk County, a former register of deeds for Middlesex County, a retired chief of the Massachusetts Income Tax Bureau, an attorney, and a clergyman. The witnesses uniformly testified as to the petitioner’s good character and fitness to
No witness appeared in opposition to reinstatement, but the Boston Bar Association (BBA) did so by letter.
The petitioner desires reinstatement to the bar “after a full and respected life, a devotion to my family and associates
Finally we turn to the question whether the petitioner is required to take the full bar examination before he is reinstated. There is no rule or standard established that requires a disbarred attorney to take the bar examination prior to reinstatement. He took and passed the professional ethics portion of the Massachusetts bar examination in 1992. The board found that the petitioner has satisfactorily demonstrated that he has an adequate learning and competency in the law. We agree and rule that it is unnecessary for him retake the Massachusetts bar examination prior to reinstatement. The case is remanded to the Supreme Judicial Court for the county of Suffolk for entry of an order reinstating the petitioner as a member of the bar of the Commonwealth.
So ordered.
Matter of Cappiello, 1 Mass. Att’y Discipline Rep. 54 (1978), S.C., 2 Mass. Att’y Discipline Rep. 33 (1980).
Matter of Cappiello, 3 Mass. Att’y Discipline Rep. 35 (1982). At the time of the hearings, the petitioner’s wife was seriously ill in Florida. On the advice of counsel, he did not appear at the discipline hearing before the panel. Counsel believed that the petitioner would receive the same sanction as his codefendant, indefinite suspension, since the crime and circumstances were the same. However, the petitioner received a recommendation and an order of disbarment.
The facts and rulings are set forth in further detail in Commonwealth v. Allen, 379 Mass. 564, 565-567 (1980).
The conspiracy was abandoned without any attempt to burn the building. However, in another conspiracy, two attorneys did cause fires in what became known as the “arson for profit” conspiracies in the Symphony Road area. Matter of Allen, 400 Mass. 417, 418-419 n.3 (1987). These two other attorneys were also disbarred. See Matter of Liakos, 3 Mass. Att’y Discipline Rep. 130 (1982); Matter of Davis, 3 Mass. Att’y Discipline Rep. 51 (1982).
The petitioner was sentenced to serve two and one-half years in a house of correction and fined $10,000; Allen was sentenced to serve two years and fined $10,000; Koplow was sentenced to serve eighteen months and fined $5,000.
Matter of Allen, 2 Mass. Att’y Discipline Rep. 3, 5 (1981).
See Matter of Allen, supra at 417. See also Matter of Allen, 5 Mass. Att’y Discipline Rep. 10, 14 (1987). Liakos, an attorney convicted of another arson conspiracy who was also disbarred, was granted reinstatement in 1990. Matter of Liakos, 6 Mass. Att’y Discipline Rep. 201, 203 (1990).
Rule 4:01, § 18 (5) of the Supreme Judicial Court, as amended, 394 Mass. 1106 (1985), provides in relevant part: “On any petition [for reinstatement] . . . the respondent-attorney . . . shall have the burden of demonstrating that he has the moral qualifications, competency and learning in law required for admission to practice law in this Commonwealth, and that his resumption of the practice of law will not be detrimental to the integrity and standing of the bar, the administration of justice, or the public interest.”
The panel majority indicated that, but for the case precedents, it would have recommended against reinstatement.
The board notified the following of the petitioner’s petition for reinstatement: the office of the Attorney General; the district attorney for the Suffolk district; the Massachusetts Bar Association; the Bar Association of Norfolk County; the Client Security Board; and Massachusetts Lawyers Weekly.
No act of arson or attempted arson underlies the petitioner’s disbarment. He was convicted of conspiracy to commit arson for engaging in a plan to burn a building that was abandoned before any fire would have occurred.