Boston Legal Malpractice LawyerA single justice of the Massachusetts Supreme Judicial Court (“SJC”), located in Boston, has entered an order disbarring an attorney after finding that he used client funds for personal expenses. In the Matter of Reinaldo Gonzalez, an attorney stole funds belonging to three separate clients.
Articles Tagged with legal ethics
In re Michael J. Fenton, No. BD-2012-116: Attorney Suspended Indefinitely after Converting Client Funds
A single justice of the Supreme Judicial Court (“SJC”), located in Boston, Massachusetts, has entered an order indefinitely suspending of an attorney after finding that he had misused client funds. In the matter of Michael J. Fenton, an attorney was hired as counsel for the executor of an estate, including as closing attorney for the sale of the decedent’s residence. After the sale closed, the attorney received the proceeds, which were to be distributed equally to the decedent’s three sons.
In re Thomas Eisenstadt, No.BD-2012-067: Attorney Suspended after Keeping Clients’ Settlement Proceeds for Personal Use
A single justice of the Supreme Judicial Court (“SJC”) of Massachusetts has entered a judgment suspending a Boston attorney, after finding that he had misappropriated client funds. In the matter of Thomas Eisenstadt, a lawyer received settlement payments on behalf of two clients in unrelated matters and kept the money for himself. He eventually paid the clients their shares, but as a result of his withholding fund, medical liens were not paid.
In re Bernard Kansky, No. BD-2013-085: Massachusetts Attorney Suspended after Intentionally Altering a Court Issued Document
A single justice of the Supreme Judicial Court (“SJC”), has entered a judgment suspending a Boston attorney for a period of three months, after finding that he violated the Massachusetts Rules of Professional Conduct. In the matter of Bernard Kansky, a lawyer represented three of five siblings, who were all beneficiaries of their father’s estate. The father had a retirement account for postal workers, which was not an asset of the estate, but provided that each child was entitled to an equal share of the funds in the account.
The attorney’s clients claimed that the other two children owed money to the estate, which they would likely fail to re-pay if their shares of the retirement account were distributed directly to them. In an attempt to prevent this from occurring, the attorney sent two misleading letters to the Federal Retirement Thrift Investment Board (“FRTIB”), including attaching an altered copy of a temporary restraining order. Additionally, the attorney misled a Probate and Family Court when he failed to inform a judge that the co-administratrix of the estate had opposed an ex parte motion the attorney filed with the court.
In re David R. Ardito, No. BD-2012-102: Attorney Disbarred as a result of Legal Ethics Violations
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.