445 Mass. 452 September 9, 2005 – December 8, 2005 Suffolk County Present: MARSHALL, C.J., IRELAND, SPINA, & CORDY, JJ.

Fact: The board determined that the respondent’s conduct in asserting that Dr. Rozenbaum, Dr. Rozenbaum’s former attorney, and “Attorney Diane Taylor” were engaged in a criminal conspiracy when he had no grounds to support that claim, that the respondent’s conduct in exposing and subjecting his client to sanctions for violation of rule “prejudice or damage to client during professional relationship”.

The board found that the respondent’s conduct in alleging in pleadings filed in the Appeals Court that the motion judge had been influenced improperly in dismissing the complaint and in imposing sanctions on him when he had no good ground to support such accusations was a violation of rule that lawyer shall not take action on behalf of client when he knows or it is obvious that such action would serve merely to harass or maliciously injure another). The board concluded that the respondent’s conduct in persisting in a frivolous appeal from the dismissal and sanctions imposed against him by the motion judge, the single justice.

Issue: Whether the conduct of the Respondent is subject for Disbarment?

Held: Yes, The respondent had substantial experience in the practice of law, has failed to acknowledge the nature, effects, and implication of his misconduct. He continues to lack insight into his behavior and persists in blaming everyone except himself. He has made unfounded allegations in these proceedings against the hearing committee for failing to provide subpoenas and for engaging in ex parte communications with bar counsel, unfounded allegations that closely resemble the conduct alleged in the petition for discipline and found as fact. In addition, Marie Malave was a vulnerable client, an immigrant of limited means whose first language was not English and who was the sole source of support for her children. There were no facts found in mitigation other than circumstances deemed “typical,” which would not affect the sanction. The respondent has demonstrated rather convincingly by his quick and ready disparagement of judges, his disdain for his fellow attorneys, and his lack of concern for and betrayal of his clients that he is utterly unfit to practice law. The only appropriate sanction is disbarment.