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Keywords

attorneyhearingtrust

appealhearingwillrespondentcredibility

Related Cases

In re Barrett, 447 Mass. 453, 852 N.E.2d 660

Facts

Donal B. Barrett, an attorney and chief executive officer of NetFax Incorporated, misappropriated $130,000 from the company's funds to pay a personal debt. Barrett concealed this transaction from the shareholders, which prevented them from ratifying or voiding the action. He later misrepresented the nature of the transaction to a business associate, Victor Lombardi, in an attempt to cover up his actions. The Board of Bar Overseers initiated disciplinary proceedings against Barrett, leading to a two-year suspension from the practice of law.

The respondent, Donal B. Barrett, appeals from a decision of a single justice on an information filed in the county court by the Board of Bar Overseers (board) accepting its recommendation that the respondent be suspended from the practice of law for two years.

Issue

Did Barrett's actions constitute a violation of the rules of professional conduct warranting a two-year suspension from the practice of law?

Rule

An attorney must not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, and must maintain the standards of personal integrity expected by the public. Misappropriation of client or corporate funds typically results in severe disciplinary action, including disbarment or indefinite suspension.

Analysis

The court found substantial evidence supporting the hearing committee's conclusion that Barrett lacked authority to use corporate funds for personal purposes. His actions were characterized as misappropriation, violating professional conduct rules. The concealment of the transaction indicated an awareness of wrongdoing, and the prior admonition for similar misconduct was considered an aggravating factor in determining the appropriate sanction.

The hearing committee found that the respondent's conduct in concealing his appropriation of NetFax funds belied his assertion that such use was authorized. This credibility determination was entirely within the province of the committee and will not be overturned by this court.

Conclusion

The Supreme Judicial Court affirmed the two-year suspension of Barrett from the practice of law, finding it warranted based on the nature of his misconduct and prior disciplinary history.

The single justice entered an order suspending the respondent from the practice of law for two years.

Who won?

The Board of Bar Overseers prevailed in this case, as the court upheld the two-year suspension of Barrett. The court emphasized the importance of maintaining public trust in the legal profession and the need for attorneys to adhere to high ethical standards. Barrett's actions not only violated professional conduct rules but also demonstrated a lack of integrity, which warranted a significant disciplinary response.

The board adopted the report of the appeal panel and filed an information with the county court… recommending that the respondent be suspended for two years.

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