Articles Tagged with disbarrment

The Supreme Judicial Court (“SJC”) in Boston, Massachusetts has entered a judgment of disbarment of a Massachusetts attorney, who practiced law in Rhode Island without a license and misused client funds. In the matter of David R. Ardito, a lawyer had a longstanding friendship with a married couple from Rhode Island. In 2005, the wife sustained personal injuries in an auto accident and as the result of a slip and fall at a local store.

Both incidents occurred in Rhode Island, and although he was not licensed to practice law there, he offered to represent the wife, pro bono. In doing so, the attorney misrepresented his qualifications in violation of Mass. R. Prof. C. 1.16(a)(1). The wife agreed to hire the attorney, and he commenced separate actions against the other driver and the store which constituted the unauthorized practice of law contrary to Mass. R. Prof. C. 5.5(a). Two years later, he settled both cases without informing the couple. He received settlement checks and signed them on behalf of the couple without their authority, deposited the funds into his lawyers trust account, and never dispersed them to the couple.

Over the following years, the wife made repeated inquiries about the status of the cases. The lawyer falsely ensured her that the lawsuits were ongoing. Eventually, the woman became suspicious and filed a petition with the Board of Bar Overseers (“BBO”), who instituted disciplinary proceedings.

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