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COMMONWEALTH OF MASSACHUSETS
ESSEX, SS SUPERIOR COURT
SABA HASHEM, individually, and as a +
Meinber of, and derivatively on behalf of, *
D'ANGELO and HASHEM, LLC.
Plaintiff, Civil Action No. 1677-CV-01419
STEPHEN L. D'ANGELO, D'ANGELO »*
LAW GROUP, LLC, and D'ANGELO *
AND HASHEM, LLC. Defendants.
AFFIDAVIT OF STEPHEN L. D'ANGELO IN SUPPORT OF DEFENDANT
D?ANGELO LAW GROUP, LLC’S and
: DEFENDANT STEPHEN D’ANGELO’S
OPPOSITION TO MOTION TO REACH AND APPLY (styled as “for Trastee Process”)
1, Stephen P, D'Angelo, upon oath, depose and state as follows:
1, Ido not have any personal knowledge that DLG or Tam eligible to receive attorney’s
fees from the Approval of the Class Action Settlement in Superior Court Action
1877CV01343-G (In re: Columbia Gas Settlements.) I based this statement on the fact
that neither I, nor D’Angelo Law Group, LLC cots ever applied or completed
appropriate documentation to be included with the attomeys or firms that stand to receive
compensation. The only documentation DLG signed were claims submitted directly to
Columbia Gas on behalf of claimants, as their legal representative. Neither I nor DLG
have received any attorney’s fees or revenue of any kind from Columbia directly, as Ilearned that entire settlement amounts were sent to and paid directly to the claimants, not
my firm, as was my expectation. It is not realistic for myself or DLG to pursue these paid
claimants for any fees on contingency percentage. So, neither L, nor DLG have done that
since doing so is practically fruitless.
2. In any event, should any attorney’s fees (revenue to DLG be forthcoming, and the
excessively broad, sweeping relief of depriving my firm from any and all revenue, as the
Intervenor-Plaintiff, Ms. Carrion, through counsel, is asking this Court to order, the
following persons will be materially adversely affected, resulting in inequity exceeding
that to Ms. Carrion in not receiving, directly, or by way of constructive trust, or in the
Court depriving DLG from any and all revenues for her benefit are the following persons
in the following ways:
a. Other Plaintiffs who are clients of DLG. Those persons are entitled to legal
counsel and to seek just compensation for their injuries. The costs of each of
their cases need funding.
b. Seven employees and their families. Payroll is $7500.00, weekly, and one
Independent Contractor is paid when cases settle.
DLG.
c, DLG from which Ms. Carrion will now look to payment requires on average
$60,315.00 per month to operate. Obviously, if it can’t operate, it cannot do
anything. Those average monthly expenses are broken down as follows:
Rent...........85400.00
Telephone. esse $1400.00
(This includes Comcast, VOIP and cell phones)
(Includes Errors & Omissions, General Liability, Workers Compensation
and vehicle insurance)
Office expenses.....64400.00
(This Includes copiers, computer software client management, postage
and office supplies)
Loans & credit cards.....$7000.00
Marketing......... $4950.00Travel expenses parking & tolls $920.00
Car lease & car reimbursements $2200.00
Litigation expenses.....$2500.00 : .
(This includes filling fees, medical records, deposition transcripts, DIA
conference fees, mediations and medical | experts
d. Stephen P. D’Angelo and family. On average, [ need $8000.00 per month to live,
including for shelter, transportation, and to support feed, clothe, work and support
myself and,son in college. | also have to legal counsel so I must pay my attorneys. ”
I don’t think it unreasonable for anyone not to have these fundamental tights, debtor
or not. And, I am not a judgment debtor in this case.
3. DLG’s total revenue this year in 2020, for the first 5 months is only
$395,000.00, and it is declining. We are experiencing, most likely due to the
4
Pandemic effects of persons staying home, which appears to include their
experiencing less injuries, and does include lay-offs of people who ate not now
working, which has had a significantly noticeable downward effect on Workers
Compensation claims.
4. June 15, 2020, almost 1 month ago, was the last time DLG received any revenue,
about $14,000.00. ‘
5. Even if the Court is inclined to believe, as it appears, that DLG.and/or myself
which, Ms. Carrion continues accuse and allege, to defraud her or for move or
conceal assets for the purpose of avoiding payment of Ms. Carrion’s judgment, the
Court must, when it balances the equities or inequities, consider the circumstances and
equities, abilities and effects that exist now, and likely consequences from the scope of any
relief granted, in today’s economic climate. Less people are working and filing Workers
compensation claims. People are at home, and are experiencing less injuries on the road or
out of the home-where most occur. Most importantly, the sweeping, excessively broad relief
that is sought will inevitably result in DLG employees and their families facing lay-offs, andapplying for unemployment benefits when the weekly federal supplement: of $600.00 will
no longer be available, as I understand expires on or about July 25, 2020.
6.: In 2014, we hired Attorney Richard Mestone to coritact Ms. Carrion’s then counsel to
try to settle the case, We had hoped to offer a significant amount to be paid out of our non-
linear cash flow (income at any one time existing after’ payment of expenses and accrued
debt) within 4 quarters, if possible. However, Ms. Carrion’s counsel refused to negotiate
with Attorney Mestone. I, then as a member of D’ Angelo and Hashem, in good faith, wanted.
to settle all claims with Ms. Carrion. We thereafter practiced law and operated the practice
as we had always done, in the ordinary course of many years.
7. Then, after having tried to resolve the matter with Ms. Carrion the year before, and after
not hearing from anyone on behalf of her regarding her judgments, as I have mentioned
under the pains of perjury, and again state, in 2015, Mr. Hashem allegedly violently attacked
a (different) woman, not his wife, with whom he had a relationship. ‘
8. He was thereafter was charged with committing a felony involving violence. This up-
ended myself and led to the demise of the firm, as this Court has noted in the record.9.On,
October 14, 2015, a dangerousness hearing regarding Mr. Hashem was held at
Lawrence District Court. ,
9, Then, Hashem was arrested and jailed. On December 29, 2015, the
Massachusetts Supreme Court suspended Hashem indefinitely from the practice of
law. Hashem still cannot practice law. ;
10. The Court found Mr. Hashem dangerous and ordered him held pursuant to the
applicable statute at the Middlesex House of Correction. Since October 14, 2015,
Mr. Hashem could not practice law.11. D'Angelo and Hashem was an LLC formed and operated by D'Angelo and Hashem,
for the purpose of practicing law, primarily in contingency fee litigation cases. When
Hashem was subsequently arrested and suspended from the practice of law, I consulted counsel as
to what I should do and specifically regarding my ethical obligations. I was told could not continue
to operate D'Angelo and Hashem because (a) I could not split fees with Hashem who was now a
non-attorney, (b) I did not want to continue to represent there was a legal partnership with the name
Hashem in it, nor did I want to be associated with Mr. Hashem or his name for what he did in
reckless disregard of his fiduciary duties to me and the firm. This is what I believed then, and do
now. Further, I was advised that (c) as an officer of D'Angelo and Hashem, I was legally obligated
to notify clients of Hashem's suspension and the fact that D'Angelo and Hashem could no longer
operate
12. As mentioned hereinabove, I consulted with Ethics Counsel as to my ethical obligations in
light of Hashem's suspension. Amongst a myriad of immediate tasks, I was advised that J had an
ethical obligation to contact all of the clients of D'Angelo and Hashem, LLC and inform them of
the fact that Hashem was suspended and that D'Angelo and Hashem, LLC was no longer doing
business. (Please see Exhibit A, hereto.)
13. I was also advised that I was further obligated to inform each of said clients of his or her or its
right to choose alternate successor counsel. ‘There were a myriad of other tasks I needed to attend
to as well, such as closing accounts and making sure notices oftwithdrawals were filed as well, (The
list of tasks to do provided to me by my counsel, the suspension and the instructions from Assistant
Bar Counsel pursuant to $.J.C. Rule 4:01, Section 17, have already been submitted as part of the
record
14. So, I properly made every effort to comply with what I was advised and believed had to be
done in light of this unique situation including to notify all of the clients of Hashem and D'Angelo
aof its inability to operate any longer. Each client was properly presented the option of retaining the
new law firm, or going elsewhere.
15. Upon information and belief at the time, I became aware that no fees generated from cases
could be shared with Mr, Hashem, and that he was only entitled to quantum meruit for work that
he had done, which he was required to document. He has never provided that information despite
being provided all of the case files. I have asked through counsel, after he sued me, to identify the
work he did. I provided all client cases to his counsel upon demand. He has not identified any
work. Mr. Hashem has been paid for work I knew he had done.
16. It appears it is Mr. Hashem’s intention to testify as an expert for himself that he is entitled to
a percentage of case income, or sharing of fees, after his suspension, which is contrary to the ethical
tules governing attorneys.
17. My understanding and belief was that the contingency contracts with D’Angelo and Hashem
became void, as set forth in the Professional rules. I consulted Bar Counsel and followed and relied
upon the guidance of Bar Counsel. (Please see Exhibit B, hereto.)
18. Upon information and belief, I was not able to dissolve the.D’ Angelo & Hashem LLC, because
Mr. Hashem’s resignation and surrender of interests was required, something Mr. Hashem failed,
refused or neglected to provide those, despite the ethical rules governing attorneys.
19. I have never intended or desired or acted with purposé to avoid any debt or obligation.
Similarly, I do not believe there was any “transfer of assets, rathler that the old contingency contracts
with D’ Angelo and Hashem were voided, and as the Court knows, that the clients were not assets;
rather they are persons who were able to and did indeed choose and sign newand distinct agreements with alternative successor counsels.
Signed under the pains and penalties of perjury this 14" day of July, 2020
/s/Stephen L. D'Angelo
Stephen L. D’Angelo, Individually, and as
Member'of D’Angelo Law Group, LLCEXHIBIT “A”JAMES S. BOLAN
BLUCHER, WYNER, SIMONS, FOX & BOLAN, LLP
189 Wells Avenue
Newton, Massachusetts ,
(617) 614-1500 (tel)
(617) 614-1515 (fax)
ibolan@legaloro.com
(email) www.legalpro.com
(web site) '
Office and Practice Changes Checklist
In General
Review the following documents and items in order to have an "inventory" of matters
pending, being handled, assets, liabilities, income and expenses of and within the law firm.
. \
1. Agreement partnership or other entity — or memorialization of terms of agreement if
not formalized previously.
2. List of clients
3. List of A/R's
4. List of A/P's ,
5. Assets
6. Liabilities, including lease obligations
7. Tax returns
8. Checkbooks/Accounts
9. LIC, guarantees ‘
10. Risk of lockout and computer, e-mail access, file access.
Client Matters
Files/ Open matters/Calendar/Coverage
1. Identify all client matters so that open matters can be concluded if possible, assigned
to other counsel within the firm or shifted to acceptable new counsel outside of
the firm (with any fee sharing arrangements to be determined2.
before such referral is made, which arrangements must be in writing and
consented to by the client prior to the referral so that confidentiality is
preserved and Rule 1.5 relating to sharing of fees is followed).
One must take whatever steps are necessary to protect the client's interests until the
client has obtained successor counsel if being referred out.
If the matter is in suit or pending before a tribunal, the lawyer must seek leave to
withdraw per Rule 1.1 6(c).
The lawyer must give written notice to all clients of the lawyer's intentions to
withdraw from representing the client. The notice should clearly communicate that
the client is entitled to select new counsel and that the client's file will be delivered
to successor counsel as the client directs or be made available to the client.
Delivery of files. Typically, a notice will inform the client that the files will be
available at the lawyer's office or another location where they will be readily
available for delivery to clients until they go to offsite storage for a reasonable
period of time.
Unearned. retainers or advances that the client may have paid must’be accounted
for. , '
I
Funds held in a clients funds account/conveyancing account/trust account must be
delivered to the client or third persons.
Funds to which clients are entitled must be paid to them or as they direct.
Funds held in escrow or held back at a closing per condition need to. be accounted
for and a successor escrow agent needs to be agreed upon and the escrow accepted.
Escrow participants should be notified. If there|is no formal escrow agreement,
then a review of all hold-backs and escrow funds should be undertaken so that
successor in house or outside counsel and/or escrow agent can track the matter.
10. Missing clients: ‘If clients cannot be located, it may be necessary to pay the money
ll.
12.
into court on their behalf or to the Commonwealth under the laws of escheat.
Records of all of these transactions are required to be maintained for six years after
the final distribution and termination of the representation, Rule 1.15(a)
Confidentiality must be maintained throughout the process and the clients must
bless the communication to a third person. A lawyer whom the departing lawyer
engages to assist falls within the privilege. Accordingly,
files may not be delivered to anyone but the client without the client's consent.
Thus, without the client's consent to disclose }information to prospective new
counsel, the departing lawyer cannot provide another lawyer or law firm selected
by the departing lawyer with information about the matter or permit access to the
file. ‘13. — Contingent work: A revised fee agreement needs to be agreed upon or the departing
lawyer and successor counsel need to agree on a division of fees.
14. ‘Notify the Board of Bar Overseers of the lawyer's new address and to
request inactive status if the lawyer is leaving the practice of law. See S.J.C.
Rule . :
Contracts
1. Fee agreements
2. Leases
3. Revisit Partnership or other entity agreement
Notices
1. Notices that might need to be given:
a. Client
b. Address change — Post office ,
c. Vendor address changes : )
d. Malpractice Insurance agent and carrier
e. BBO
f. Mass. Lawyers Weekly "Tombstone"
g. Any form of advertisement — seminars, magazines, web, TV, radio, brochures,
emails, books, newspapers, Yellow pages, etc.
h. Brochure
i, Notices to clients, friends family
j. Martindale Hubbell
k. Lawyers Diary :
1. MCLE, MBA, MCA, Real Estate Boards and other associations
m. SIC notice
n. Title Insurance Companies
o.Court, etc. notices
p. Opposing counsel notices, if needed
q. Notices on the door at the end to inform where to contact successor counsel.
r. Notify Post Office, Fedex, etc.
s. Email notices.Office Management; Employment Issues
1, Documents on which there is a name:
a. Signs on building, directories
b. Letterhead and envelopes
C. Business cards
2. Telephone and cell phone numbers and voice mail, including change of message,
answering service, ways to reach new counsel, assisting counsel and/or departing
counsel during’ the transition, phone system changes, receptionist, voice mail, call
forwarding and other communications issues.
3. Handling mail as a result of the change
4, Alarm System
5. Keys
6. Email changes
7. Web site changes
8. Written instructions to staff
9. Employment/ wage and hour law issues/ termination issues
10. Collect and remove fax cover sheets, letterhead, envelopes and the like’
11, Preserve and download computer system and computer files
12.Review Timeslips or other billing system
13. Files and file cabinets
14.Fire proof file cabinet — original documents in
safekeeping
15.Safe deposit boxes
16.Wills, Trusts, Other Estate Planning Documents Inventory
17.Storage files; Storage of old paper files; files in
storage — transfers
18.Library, internet access
19, Notary stamp20. Materiale — office supplies
21, Office procedures, for new, other and successor attorneys
and staff, as to how to handle the changes
22.0ffice space, including utilities, vendors, and the like
— responsible person for billing and contact.
23."Control" issues w/in the firm — integration into how are
Management decisions made, day to day, longer term,
authority to act, authority on taking in new matters,
hiring and firing issues, work, etc.
Insurance
24.Malpractice insurance and any tails (not needed if
predecessor firm maintains its policy and a letter should
be sent to them to notify you if they do NOT intend to
continue to carry existing coverage.)
a. Actual or Potential malpractice claims — list
b. BBO claims
c. Past claims concluded and insurance experience
25.Title Insurance Policies — check to see if there are any
outstanding to be concluded and submitted to carrier.
26.Benefits that need to be added, adjusted, changed
25.Health Insurance
26.Disability insurance
27. Life insurance
Money Issues
1. All bank accounts — authorized signatures, name changes, transfer all. CTF, escrow,
individual client accounts— reconcile and close after all checks clear. Accounting to
clients of all funds.
2. Retainers
3. Invoices AJR
4. Collections on old bills and accounting, notify A/P vendors and arrange for payment
of bills post closing.5. Profit sharing plan- details; transferability of present 401K plan; rollovers, merger
6. Handling of income in the future after the change
Files
1. Liens, court orders etc.
2. Copy files for malpractice purposes.
Licensure
1, Other licensure — RE licenses, Insurance brokerage licenses, etc.
2. Remove Bar Admissions/Licenses from walls, signage and all indicia of active practice
of law
3. If you are withdrawing from the practice of law, but remaining within the space
occupied by your former law firm, you must treat the change of circumstance as though
you were moving to an entirely new location and office that has nothing to do with the
prior firm or the practice of law and all indicia (as set, forth above) must be reviewed
and changed so as to be able to objectively demonstrate that you are not engaged in the
practice of law and no inference can be drawn to that effect.
Sale of the Practice of Interest in the Practice
1. Does any operating Agreement establish a method for valuing the business and the sale
or disposition of interest in the firm and divide assets and liabilities?
‘ '
a. Is there a method set forth to value the firm and divide assets and liabilities in the
event of disagreement? |
2. If not, then a method for such value needs to be established and agreed upon.
3. Ifyou have an accountant that you each agree will be able to assist the firm in
valuation, then consider engaging that person for that purpose. Each individual
attorney should also consider engaging an independent accountant.
4, Please see attached separate checklist as to Law Firm Dissolutions.EXHIBIT "B"* mass.govhome **
LOSS OF LICENSE: Rules Governing Suspension or Disbarment
by
Dorothy Anderson, Assistant Bar Counsel
February 2010 ‘
A. WHAT TO DO WHEN YOU HAVE JUST BEEN SUSPENDED OR
DISBARRED
The vast majority of lawyers will never face suspension or disbarment. But for the minority
who do, proper navigation ‘of the procedural requirements for suspension or disbarment is
critical. Failure to do so may result in a contempt action or bar counsel's opposition to the
lawyer's petition for reinstatement.
This article is addressed to lawyers who face these issues. Note that these requirements also
apply if you are placed on disability inactive status under Supreme Judicial Court Rule 4:01 5
13 or if you have resigned under 5 15. Note also that these requirements take effect if you have
been administratively suspended for more than 30 days, whether for failure to cooperate with
bar counsel or for failure to register.
If you are facing suspension, first and foremost, read Supreme Judicial Court Rule 4:01, 5
17. The rule sets forth all the steps you will be required to take when the suspension order is
entered. The order of suspension or disbarment will typically incorporate the requirements of
the rule. A suspension or disbarment is effective thirty days after the entry of the order unless
otherwise ordered by the court. A temporary suspension order is effective immediately.
Once the order issues, you will have 14 days to accomplish , a variety of tasks: Get started as
soon as possible.
1, Requirements of the Order and §.J.C. Rule 4:018 17.
Within fourteen daysiof the entry of the order you must:
* file a notice of withdrawal with every court, agency, or tribunal in which you are counsel
” of record.
* resign all appointments as guardian, executor, administrator, trustee, attorney-in-fact, or
other fiduciary.
* provide notice to all clients and to all wards, heirs, and beneficiaries that you have been
suspended or disbarred and that you are disqualified from acting as a lawyer after the
effective date of the order. If important dates are imminent (court hearings, statute of
limitations, appeal deadlines, etc.) call attention to those circumstances.” provide notice
that you have been suspended or disbarred to counsel for all parties (or, in the absence
of counsel, the parties themselves) in pending matters:
"make the file available to the client or to new counsel.selected by the client, See Mass.
R. Prof, C. 1 .16(e).* close every IOLTA, client, trust or other fiduciary account and properly disburse or
otherwise transfer all client and fiduciary funds. S.J.C. Rule 4:01 , S 17 (1)(g).
* refund fees paid in advance by the client that you have not earned. "
All the notices described above must be sent by certified mail, return receipt requested, unless
otherwise ordered by the SJC.
Within twenty-one days after the entry date of the order:
* file with bar counsel the required comprehensive “affidavit of compliance" attaching
copies of notices and schedules, as described in your order and in S.J.C. Rule 4:01, 5 17
(5). Bar counsel will send you the forms and a model affidavit upon your suspension or
disbarment. Make sure to read the affidavit carefully, choose which subsection of
paragraph 2 is applicable to your circumstances (and cross out the subsection that does
not pertain), and attach all required documentation. ° retain a copy of the everything you
filed with bar counsel.
* file with the clerk of the SJC for Suffolk County, a copy of the affidavit of compliance,
a list of all jurisdictions in which you are admitted to practice, and a street address where
you can be reached.
B. WHAT TO DO AND WHAT NOTTO DO WHILE YOU ARE SUSPENDED
1. Do Not Practice’Law or Engage in Paralegal Work
This rule is strictly construed. There is no exception under which you may represent family
members, or a corporation that is controlled by you, or provide pro bono legal services,
although you of course may appear for yourself. Attorneys who practice law while
suspended may face contempt charges. Your period of suspension may be increased ifa
court finds that you have practiced while suspended. See S.. BC. Rule 4:01, $ 17(8). You may
also jeopardize your chances of reinstatement.
The SJC has construed the term "paralegal" to include certain related jobs, such as title
examiner (Matter of Eastwood, 10 Mass. Att'y Disc. R. 70, 77) and has also ruled that any
preparation of documents for i iling in court, even if signed by the client,,constitutes the
“practice of law" or paralegal work. Matter of Kafkas, 451 Mass. 1001 (2008): Opinion of the
Justice, 289 Mass. 607, 612 (1935
2. Take and Pass the MPRE
If you have been suspended for a period of longer than six months, including six months and a
day, you must take and pass the Multi-State Professional Responsibility Examination before
you will be readmitted. See S.J.C. Rule 4:01, 5 |___In/Massachusetts. the examination
is given three times per year. You should ascertain the dates:of the examination as soon as
possible so that you have time to register and prepare. Consult the Massachusetts Board of
Bar Examiners website http://www.mass.gov/bbe. :
3. Comply With Any Conditions of Your Suspension '
Some suspension orders contain specific conditions of reinstatement, such as participation in
an educational program designated by bar counsel. If your:order contains such conditions,
take plans to comply as soon as possible.
4. Only Collect Fees and Partnership Shares Earned Prior to SuspensionIf you earned fees prior to your suspension, but did not collect those fees, it is
permissible to collect the fees while you are suspended. You may take legal action
to collect an unpaid fee, but you may only represent yourself individually in such
“an action; not a partnership or LLC.
A contingent fee agreement where the contingency has not yet occurred is
voided by your suspension or disbarment, but you may be able to collect fees on
a quantum meruit basis "unless the penalized misconduct was... related to the
case in which the services were rendered and for which a fee is sought-and
impaired the value of the client's cause of action or otherwise imperiled the
client's right to relief. " Kourouvacili,s v. American Federation of State, County
and Municipal Employees, 65 Mass.App. Ct. 521, 532 (2006). If it is a matter on
which you were the referring attorney and for which you have no further
responsibilities or obligations, a referral fee agreement, entered into with written
client consent prior to the loss of license, may still be valid.
If you were a member of a law firm or LLP, you may collect the partnership or
shareholder distribution shares attributable to a time period in which you were
still licensed.
5. No Handling of Client Funds
You may not sign any client checks, handle any client funds or enter into any new
fee agreements, including any referral agreements with other attorneys, while you
are suspended or disbarred. And you should be removed as a signatory to any law
firm IOLTA or trust accounts.
6. Non-Lega( Work
You may, of course, engage in non-legal work. Be carefull, however, not fo venture
into areas that may constitute the practice of law or paralegal work, such as drafting
a purchase and sale agreement for a party to a real estate transaction. If you have
concerns as to whether a given undertaking is permissible, seek clarification from
the SJC.
7. Stationery, Cards, Telephone Lines, E-Mail & Websites
‘You may not use or distribute stationery, cards or other written materials in which
you hold yourself out to be a practicing attorney. The same is true of your telephone
voice mail recording, e-mail, websites or other electronic
communications. Along the same lines, you should not use the titles "Esq." or
"J.D." as both imply that you are a lawyer.
Ifyou were practicing i ina partnership or association with other attorneys, your
name must be removed from letterhead, websites, and other Promotional
materials while you dre suspended.
8. Malpractice Insurance
If you have malpractice insurance, consult with your agent or a company
representative about the advisability of maintaining or discontinuing your
coverage.
9. Make Preliminary Preparation for Reinstatement Hearing
If you have been suspended for a year and a day or longer or a reinstatement
hearing is a condition of a shorter suspension, and if you intend to seekreinstatement, you may wish to begin preparation by reviewing the Massachusetts
case law on reinstatements, as well as Supreme Judicial Court Rule 4:01,.S 18;
Rules of the Board of Bar Overseers, SS 3.61-3.67; and the reinstatement
questionnaire included as an appendix to the Board rules, http://www.mass.gov
/obcbbo/BBORules.pdf-
C. Frequently Asked Questions
Q. Ihave several matters that are virtually concluded. May I complete them
after the order enters? :
A. During the period between the entry date of the order and its
effective date, you may complete matters that were pending. SJC Rule
4:01, 5 17 (3): However, you have to be both realistic and fair to your
clients. Jf there is any chance that you will not be able to complete a
matter in thirty days, or if rushing the matter to conclusion is not in the
client's interests, the client should be alerted to locate successor
counsel,
Q. My suspension order entered yesterday. Today, a new client has
offered me $10,000 to make one court appearance that will take place
before the effective date of my suspension. May I accept it?
A. No, you may not accept any new retainer or new matter after the entry
of the order. SIC Rule 4:01, 5 17 (3)
Q. have no clients and no bank accounts and J do not serve as a fiduciary.
Do I have to file an affidavit of compliance? ‘
A. Yes. The form affidavit anticipates this response as one of the options.
Q. I have been suspended for only six months. Can [ hand my entire
practice over to another lawyer while I am suspended, with the
understanding that I will take all of the clients back when I am
reinstated?
A. No. You are required to withdraw from all representation upon your
suspension and your clients have the right to select new counsel. Ifa
client asks you for a recommendation, you may recommend an
attorney competent to handle the case, and the client may accept or
reject your recommendation. (You are not entitled to a referral fee in
such circumstances.) You cannot inform your clients that a designated
attorney will represent them during your absence, and that you will
resume the representation upon your return.
Q. A lawyer to whom I referred a personal injury case several years ago
has just notified me that he has settled it. Under our agreement, I am
entitled to one-third of his one-third contingent fee, May I accept it?
A. Yes, assuming that you entered into the agreement while you were
licensed, you may accept the fee,
Q. While ] am suspended I intend to be in close touch with my partner
and office staff concerning the ongoing cases of my former clients. Is
that okay?
A. No. You may not run your practice from home. You may not have
any involvement whatsoever in representation of any client while youare suspended. You can and should, of course, answer any questions that
the client or successor counsel may have as to the status of the case or
the work that was done prior to your suspension.
Q. A check arrived after the effective date of my suspension made out
to me and a client jointly. May I endorse the check? If not, what should
J do with it?
A. Either the check can be returned to the maker, with a request that it
be voided and a substitute check be made payable and sent to the client
(or the client and successor counsel) or you can endorse the check over
to the client and send it to the client or successor counsel. In either
instance, you may also send the client or successor counsel an invoice
for any fees and expenses you are due. You cannot negotiate the check,
even with the client's endorsement.
Q. [am a co-trustee of a family trust established by my grandparents
of which my nieces and nephews are the sole beneficiaries. My entire
family knows that ] have been suspended. Do I have to resign as co-
trustee?
A. Yes, you must resign unless you seek and receive authorization from
the Supreme Judicial Court to remain as trustee. There is no exception
for fiduciary positions involving family members.
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BRO/OBC? Erivacy Paticy. Please direct questions to
2006, Board of Bar Overseers. Office of Bar Counsel, All rights reserved.
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19. a COMMONWEALTH OF MASSACHUSETS ESSEX, SS SUPERIOR COURT SABA HASHEM, individually, and as a + Meinber of, and derivatively on behalf of, * D'ANGELO and HASHEM, LLC. Plaintiff, Civil Action No. 1677-CV-01419 STEPHEN L. D'ANGELO, D'ANGELO »* LAW GROUP, LLC, and D'ANGELO * AND HASHEM, LLC. Defendants. AFFIDAVIT OF STEPHEN L. D'ANGELO IN SUPPORT OF DEFENDANT D?ANGELO LAW GROUP, LLC’S and : DEFENDANT STEPHEN D’ANGELO’S OPPOSITION TO MOTION TO REACH AND APPLY (styled as “for Trastee Process”) 1, Stephen P, D'Angelo, upon oath, depose and state as follows: 1, Ido not have any personal knowledge that DLG or Tam eligible to receive attorney’s fees from the Approval of the Class Action Settlement in Superior Court Action 1877CV01343-G (In re: Columbia Gas Settlements.) I based this statement on the fact that neither I, nor D’Angelo Law Group, LLC cots ever applied or completed appropriate documentation to be included with the attomeys or firms that stand to receive compensation. The only documentation DLG signed were claims submitted directly to Columbia Gas on behalf of claimants, as their legal representative. Neither I nor DLG have received any attorney’s fees or revenue of any kind from Columbia directly, as Ilearned that entire settlement amounts were sent to and paid directly to the claimants, not my firm, as was my expectation. It is not realistic for myself or DLG to pursue these paid claimants for any fees on contingency percentage. So, neither L, nor DLG have done that since doing so is practically fruitless. 2. In any event, should any attorney’s fees (revenue to DLG be forthcoming, and the excessively broad, sweeping relief of depriving my firm from any and all revenue, as the Intervenor-Plaintiff, Ms. Carrion, through counsel, is asking this Court to order, the following persons will be materially adversely affected, resulting in inequity exceeding that to Ms. Carrion in not receiving, directly, or by way of constructive trust, or in the Court depriving DLG from any and all revenues for her benefit are the following persons in the following ways: a. Other Plaintiffs who are clients of DLG. Those persons are entitled to legal counsel and to seek just compensation for their injuries. The costs of each of their cases need funding. b. Seven employees and their families. Payroll is $7500.00, weekly, and one Independent Contractor is paid when cases settle. DLG. c, DLG from which Ms. Carrion will now look to payment requires on average $60,315.00 per month to operate. Obviously, if it can’t operate, it cannot do anything. Those average monthly expenses are broken down as follows: Rent...........85400.00 Telephone. esse $1400.00 (This includes Comcast, VOIP and cell phones) (Includes Errors & Omissions, General Liability, Workers Compensation and vehicle insurance) Office expenses.....64400.00 (This Includes copiers, computer software client management, postage and office supplies) Loans & credit cards.....$7000.00 Marketing......... $4950.00Travel expenses parking & tolls $920.00 Car lease & car reimbursements $2200.00 Litigation expenses.....$2500.00 : . (This includes filling fees, medical records, deposition transcripts, DIA conference fees, mediations and medical | experts d. Stephen P. D’Angelo and family. On average, [ need $8000.00 per month to live, including for shelter, transportation, and to support feed, clothe, work and support myself and,son in college. | also have to legal counsel so I must pay my attorneys. ” I don’t think it unreasonable for anyone not to have these fundamental tights, debtor or not. And, I am not a judgment debtor in this case. 3. DLG’s total revenue this year in 2020, for the first 5 months is only $395,000.00, and it is declining. We are experiencing, most likely due to the 4 Pandemic effects of persons staying home, which appears to include their experiencing less injuries, and does include lay-offs of people who ate not now working, which has had a significantly noticeable downward effect on Workers Compensation claims. 4. June 15, 2020, almost 1 month ago, was the last time DLG received any revenue, about $14,000.00. ‘ 5. Even if the Court is inclined to believe, as it appears, that DLG.and/or myself which, Ms. Carrion continues accuse and allege, to defraud her or for move or conceal assets for the purpose of avoiding payment of Ms. Carrion’s judgment, the Court must, when it balances the equities or inequities, consider the circumstances and equities, abilities and effects that exist now, and likely consequences from the scope of any relief granted, in today’s economic climate. Less people are working and filing Workers compensation claims. People are at home, and are experiencing less injuries on the road or out of the home-where most occur. Most importantly, the sweeping, excessively broad relief that is sought will inevitably result in DLG employees and their families facing lay-offs, andapplying for unemployment benefits when the weekly federal supplement: of $600.00 will no longer be available, as I understand expires on or about July 25, 2020. 6.: In 2014, we hired Attorney Richard Mestone to coritact Ms. Carrion’s then counsel to try to settle the case, We had hoped to offer a significant amount to be paid out of our non- linear cash flow (income at any one time existing after’ payment of expenses and accrued debt) within 4 quarters, if possible. However, Ms. Carrion’s counsel refused to negotiate with Attorney Mestone. I, then as a member of D’ Angelo and Hashem, in good faith, wanted. to settle all claims with Ms. Carrion. We thereafter practiced law and operated the practice as we had always done, in the ordinary course of many years. 7. Then, after having tried to resolve the matter with Ms. Carrion the year before, and after not hearing from anyone on behalf of her regarding her judgments, as I have mentioned under the pains of perjury, and again state, in 2015, Mr. Hashem allegedly violently attacked a (different) woman, not his wife, with whom he had a relationship. ‘ 8. He was thereafter was charged with committing a felony involving violence. This up- ended myself and led to the demise of the firm, as this Court has noted in the record.9.On, October 14, 2015, a dangerousness hearing regarding Mr. Hashem was held at Lawrence District Court. , 9, Then, Hashem was arrested and jailed. On December 29, 2015, the Massachusetts Supreme Court suspended Hashem indefinitely from the practice of law. Hashem still cannot practice law. ; 10. The Court found Mr. Hashem dangerous and ordered him held pursuant to the applicable statute at the Middlesex House of Correction. Since October 14, 2015, Mr. Hashem could not practice law.11. D'Angelo and Hashem was an LLC formed and operated by D'Angelo and Hashem, for the purpose of practicing law, primarily in contingency fee litigation cases. When Hashem was subsequently arrested and suspended from the practice of law, I consulted counsel as to what I should do and specifically regarding my ethical obligations. I was told could not continue to operate D'Angelo and Hashem because (a) I could not split fees with Hashem who was now a non-attorney, (b) I did not want to continue to represent there was a legal partnership with the name Hashem in it, nor did I want to be associated with Mr. Hashem or his name for what he did in reckless disregard of his fiduciary duties to me and the firm. This is what I believed then, and do now. Further, I was advised that (c) as an officer of D'Angelo and Hashem, I was legally obligated to notify clients of Hashem's suspension and the fact that D'Angelo and Hashem could no longer operate 12. As mentioned hereinabove, I consulted with Ethics Counsel as to my ethical obligations in light of Hashem's suspension. Amongst a myriad of immediate tasks, I was advised that J had an ethical obligation to contact all of the clients of D'Angelo and Hashem, LLC and inform them of the fact that Hashem was suspended and that D'Angelo and Hashem, LLC was no longer doing business. (Please see Exhibit A, hereto.) 13. I was also advised that I was further obligated to inform each of said clients of his or her or its right to choose alternate successor counsel. ‘There were a myriad of other tasks I needed to attend to as well, such as closing accounts and making sure notices oftwithdrawals were filed as well, (The list of tasks to do provided to me by my counsel, the suspension and the instructions from Assistant Bar Counsel pursuant to $.J.C. Rule 4:01, Section 17, have already been submitted as part of the record 14. So, I properly made every effort to comply with what I was advised and believed had to be done in light of this unique situation including to notify all of the clients of Hashem and D'Angelo aof its inability to operate any longer. Each client was properly presented the option of retaining the new law firm, or going elsewhere. 15. Upon information and belief at the time, I became aware that no fees generated from cases could be shared with Mr, Hashem, and that he was only entitled to quantum meruit for work that he had done, which he was required to document. He has never provided that information despite being provided all of the case files. I have asked through counsel, after he sued me, to identify the work he did. I provided all client cases to his counsel upon demand. He has not identified any work. Mr. Hashem has been paid for work I knew he had done. 16. It appears it is Mr. Hashem’s intention to testify as an expert for himself that he is entitled to a percentage of case income, or sharing of fees, after his suspension, which is contrary to the ethical tules governing attorneys. 17. My understanding and belief was that the contingency contracts with D’Angelo and Hashem became void, as set forth in the Professional rules. I consulted Bar Counsel and followed and relied upon the guidance of Bar Counsel. (Please see Exhibit B, hereto.) 18. Upon information and belief, I was not able to dissolve the.D’ Angelo & Hashem LLC, because Mr. Hashem’s resignation and surrender of interests was required, something Mr. Hashem failed, refused or neglected to provide those, despite the ethical rules governing attorneys. 19. I have never intended or desired or acted with purposé to avoid any debt or obligation. Similarly, I do not believe there was any “transfer of assets, rathler that the old contingency contracts with D’ Angelo and Hashem were voided, and as the Court knows, that the clients were not assets; rather they are persons who were able to and did indeed choose and sign newand distinct agreements with alternative successor counsels. Signed under the pains and penalties of perjury this 14" day of July, 2020 /s/Stephen L. D'Angelo Stephen L. D’Angelo, Individually, and as Member'of D’Angelo Law Group, LLCEXHIBIT “A”JAMES S. BOLAN BLUCHER, WYNER, SIMONS, FOX & BOLAN, LLP 189 Wells Avenue Newton, Massachusetts , (617) 614-1500 (tel) (617) 614-1515 (fax) ibolan@legaloro.com (email) www.legalpro.com (web site) ' Office and Practice Changes Checklist In General Review the following documents and items in order to have an "inventory" of matters pending, being handled, assets, liabilities, income and expenses of and within the law firm. . \ 1. Agreement partnership or other entity — or memorialization of terms of agreement if not formalized previously. 2. List of clients 3. List of A/R's 4. List of A/P's , 5. Assets 6. Liabilities, including lease obligations 7. Tax returns 8. Checkbooks/Accounts 9. LIC, guarantees ‘ 10. Risk of lockout and computer, e-mail access, file access. Client Matters Files/ Open matters/Calendar/Coverage 1. Identify all client matters so that open matters can be concluded if possible, assigned to other counsel within the firm or shifted to acceptable new counsel outside of the firm (with any fee sharing arrangements to be determined2. before such referral is made, which arrangements must be in writing and consented to by the client prior to the referral so that confidentiality is preserved and Rule 1.5 relating to sharing of fees is followed). One must take whatever steps are necessary to protect the client's interests until the client has obtained successor counsel if being referred out. If the matter is in suit or pending before a tribunal, the lawyer must seek leave to withdraw per Rule 1.1 6(c). The lawyer must give written notice to all clients of the lawyer's intentions to withdraw from representing the client. The notice should clearly communicate that the client is entitled to select new counsel and that the client's file will be delivered to successor counsel as the client directs or be made available to the client. Delivery of files. Typically, a notice will inform the client that the files will be available at the lawyer's office or another location where they will be readily available for delivery to clients until they go to offsite storage for a reasonable period of time. Unearned. retainers or advances that the client may have paid must’be accounted for. , ' I Funds held in a clients funds account/conveyancing account/trust account must be delivered to the client or third persons. Funds to which clients are entitled must be paid to them or as they direct. Funds held in escrow or held back at a closing per condition need to. be accounted for and a successor escrow agent needs to be agreed upon and the escrow accepted. Escrow participants should be notified. If there|is no formal escrow agreement, then a review of all hold-backs and escrow funds should be undertaken so that successor in house or outside counsel and/or escrow agent can track the matter. 10. Missing clients: ‘If clients cannot be located, it may be necessary to pay the money ll. 12. into court on their behalf or to the Commonwealth under the laws of escheat. Records of all of these transactions are required to be maintained for six years after the final distribution and termination of the representation, Rule 1.15(a) Confidentiality must be maintained throughout the process and the clients must bless the communication to a third person. A lawyer whom the departing lawyer engages to assist falls within the privilege. Accordingly, files may not be delivered to anyone but the client without the client's consent. Thus, without the client's consent to disclose }information to prospective new counsel, the departing lawyer cannot provide another lawyer or law firm selected by the departing lawyer with information about the matter or permit access to the file. ‘13. — Contingent work: A revised fee agreement needs to be agreed upon or the departing lawyer and successor counsel need to agree on a division of fees. 14. ‘Notify the Board of Bar Overseers of the lawyer's new address and to request inactive status if the lawyer is leaving the practice of law. See S.J.C. Rule . : Contracts 1. Fee agreements 2. Leases 3. Revisit Partnership or other entity agreement Notices 1. Notices that might need to be given: a. Client b. Address change — Post office , c. Vendor address changes : ) d. Malpractice Insurance agent and carrier e. BBO f. Mass. Lawyers Weekly "Tombstone" g. Any form of advertisement — seminars, magazines, web, TV, radio, brochures, emails, books, newspapers, Yellow pages, etc. h. Brochure i, Notices to clients, friends family j. Martindale Hubbell k. Lawyers Diary : 1. MCLE, MBA, MCA, Real Estate Boards and other associations m. SIC notice n. Title Insurance Companies o.Court, etc. notices p. Opposing counsel notices, if needed q. Notices on the door at the end to inform where to contact successor counsel. r. Notify Post Office, Fedex, etc. s. Email notices.Office Management; Employment Issues 1, Documents on which there is a name: a. Signs on building, directories b. Letterhead and envelopes C. Business cards 2. Telephone and cell phone numbers and voice mail, including change of message, answering service, ways to reach new counsel, assisting counsel and/or departing counsel during’ the transition, phone system changes, receptionist, voice mail, call forwarding and other communications issues. 3. Handling mail as a result of the change 4, Alarm System 5. Keys 6. Email changes 7. Web site changes 8. Written instructions to staff 9. Employment/ wage and hour law issues/ termination issues 10. Collect and remove fax cover sheets, letterhead, envelopes and the like’ 11, Preserve and download computer system and computer files 12.Review Timeslips or other billing system 13. Files and file cabinets 14.Fire proof file cabinet — original documents in safekeeping 15.Safe deposit boxes 16.Wills, Trusts, Other Estate Planning Documents Inventory 17.Storage files; Storage of old paper files; files in storage — transfers 18.Library, internet access 19, Notary stamp20. Materiale — office supplies 21, Office procedures, for new, other and successor attorneys and staff, as to how to handle the changes 22.0ffice space, including utilities, vendors, and the like — responsible person for billing and contact. 23."Control" issues w/in the firm — integration into how are Management decisions made, day to day, longer term, authority to act, authority on taking in new matters, hiring and firing issues, work, etc. Insurance 24.Malpractice insurance and any tails (not needed if predecessor firm maintains its policy and a letter should be sent to them to notify you if they do NOT intend to continue to carry existing coverage.) a. Actual or Potential malpractice claims — list b. BBO claims c. Past claims concluded and insurance experience 25.Title Insurance Policies — check to see if there are any outstanding to be concluded and submitted to carrier. 26.Benefits that need to be added, adjusted, changed 25.Health Insurance 26.Disability insurance 27. Life insurance Money Issues 1. All bank accounts — authorized signatures, name changes, transfer all. CTF, escrow, individual client accounts— reconcile and close after all checks clear. Accounting to clients of all funds. 2. Retainers 3. Invoices AJR 4. Collections on old bills and accounting, notify A/P vendors and arrange for payment of bills post closing.5. Profit sharing plan- details; transferability of present 401K plan; rollovers, merger 6. Handling of income in the future after the change Files 1. Liens, court orders etc. 2. Copy files for malpractice purposes. Licensure 1, Other licensure — RE licenses, Insurance brokerage licenses, etc. 2. Remove Bar Admissions/Licenses from walls, signage and all indicia of active practice of law 3. If you are withdrawing from the practice of law, but remaining within the space occupied by your former law firm, you must treat the change of circumstance as though you were moving to an entirely new location and office that has nothing to do with the prior firm or the practice of law and all indicia (as set, forth above) must be reviewed and changed so as to be able to objectively demonstrate that you are not engaged in the practice of law and no inference can be drawn to that effect. Sale of the Practice of Interest in the Practice 1. Does any operating Agreement establish a method for valuing the business and the sale or disposition of interest in the firm and divide assets and liabilities? ‘ ' a. Is there a method set forth to value the firm and divide assets and liabilities in the event of disagreement? | 2. If not, then a method for such value needs to be established and agreed upon. 3. Ifyou have an accountant that you each agree will be able to assist the firm in valuation, then consider engaging that person for that purpose. Each individual attorney should also consider engaging an independent accountant. 4, Please see attached separate checklist as to Law Firm Dissolutions.EXHIBIT "B"* mass.govhome ** LOSS OF LICENSE: Rules Governing Suspension or Disbarment by Dorothy Anderson, Assistant Bar Counsel February 2010 ‘ A. WHAT TO DO WHEN YOU HAVE JUST BEEN SUSPENDED OR DISBARRED The vast majority of lawyers will never face suspension or disbarment. But for the minority who do, proper navigation ‘of the procedural requirements for suspension or disbarment is critical. Failure to do so may result in a contempt action or bar counsel's opposition to the lawyer's petition for reinstatement. This article is addressed to lawyers who face these issues. Note that these requirements also apply if you are placed on disability inactive status under Supreme Judicial Court Rule 4:01 5 13 or if you have resigned under 5 15. Note also that these requirements take effect if you have been administratively suspended for more than 30 days, whether for failure to cooperate with bar counsel or for failure to register. If you are facing suspension, first and foremost, read Supreme Judicial Court Rule 4:01, 5 17. The rule sets forth all the steps you will be required to take when the suspension order is entered. The order of suspension or disbarment will typically incorporate the requirements of the rule. A suspension or disbarment is effective thirty days after the entry of the order unless otherwise ordered by the court. A temporary suspension order is effective immediately. Once the order issues, you will have 14 days to accomplish , a variety of tasks: Get started as soon as possible. 1, Requirements of the Order and §.J.C. Rule 4:018 17. Within fourteen daysiof the entry of the order you must: * file a notice of withdrawal with every court, agency, or tribunal in which you are counsel ” of record. * resign all appointments as guardian, executor, administrator, trustee, attorney-in-fact, or other fiduciary. * provide notice to all clients and to all wards, heirs, and beneficiaries that you have been suspended or disbarred and that you are disqualified from acting as a lawyer after the effective date of the order. If important dates are imminent (court hearings, statute of limitations, appeal deadlines, etc.) call attention to those circumstances.” provide notice that you have been suspended or disbarred to counsel for all parties (or, in the absence of counsel, the parties themselves) in pending matters: "make the file available to the client or to new counsel.selected by the client, See Mass. R. Prof, C. 1 .16(e).* close every IOLTA, client, trust or other fiduciary account and properly disburse or otherwise transfer all client and fiduciary funds. S.J.C. Rule 4:01 , S 17 (1)(g). * refund fees paid in advance by the client that you have not earned. " All the notices described above must be sent by certified mail, return receipt requested, unless otherwise ordered by the SJC. Within twenty-one days after the entry date of the order: * file with bar counsel the required comprehensive “affidavit of compliance" attaching copies of notices and schedules, as described in your order and in S.J.C. Rule 4:01, 5 17 (5). Bar counsel will send you the forms and a model affidavit upon your suspension or disbarment. Make sure to read the affidavit carefully, choose which subsection of paragraph 2 is applicable to your circumstances (and cross out the subsection that does not pertain), and attach all required documentation. ° retain a copy of the everything you filed with bar counsel. * file with the clerk of the SJC for Suffolk County, a copy of the affidavit of compliance, a list of all jurisdictions in which you are admitted to practice, and a street address where you can be reached. B. WHAT TO DO AND WHAT NOTTO DO WHILE YOU ARE SUSPENDED 1. Do Not Practice’Law or Engage in Paralegal Work This rule is strictly construed. There is no exception under which you may represent family members, or a corporation that is controlled by you, or provide pro bono legal services, although you of course may appear for yourself. Attorneys who practice law while suspended may face contempt charges. Your period of suspension may be increased ifa court finds that you have practiced while suspended. See S.. BC. Rule 4:01, $ 17(8). You may also jeopardize your chances of reinstatement. The SJC has construed the term "paralegal" to include certain related jobs, such as title examiner (Matter of Eastwood, 10 Mass. Att'y Disc. R. 70, 77) and has also ruled that any preparation of documents for i iling in court, even if signed by the client,,constitutes the “practice of law" or paralegal work. Matter of Kafkas, 451 Mass. 1001 (2008): Opinion of the Justice, 289 Mass. 607, 612 (1935 2. Take and Pass the MPRE If you have been suspended for a period of longer than six months, including six months and a day, you must take and pass the Multi-State Professional Responsibility Examination before you will be readmitted. See S.J.C. Rule 4:01, 5 |___In/Massachusetts. the examination is given three times per year. You should ascertain the dates:of the examination as soon as possible so that you have time to register and prepare. Consult the Massachusetts Board of Bar Examiners website http://www.mass.gov/bbe. : 3. Comply With Any Conditions of Your Suspension ' Some suspension orders contain specific conditions of reinstatement, such as participation in an educational program designated by bar counsel. If your:order contains such conditions, take plans to comply as soon as possible. 4. Only Collect Fees and Partnership Shares Earned Prior to SuspensionIf you earned fees prior to your suspension, but did not collect those fees, it is permissible to collect the fees while you are suspended. You may take legal action to collect an unpaid fee, but you may only represent yourself individually in such “an action; not a partnership or LLC. A contingent fee agreement where the contingency has not yet occurred is voided by your suspension or disbarment, but you may be able to collect fees on a quantum meruit basis "unless the penalized misconduct was... related to the case in which the services were rendered and for which a fee is sought-and impaired the value of the client's cause of action or otherwise imperiled the client's right to relief. " Kourouvacili,s v. American Federation of State, County and Municipal Employees, 65 Mass.App. Ct. 521, 532 (2006). If it is a matter on which you were the referring attorney and for which you have no further responsibilities or obligations, a referral fee agreement, entered into with written client consent prior to the loss of license, may still be valid. If you were a member of a law firm or LLP, you may collect the partnership or shareholder distribution shares attributable to a time period in which you were still licensed. 5. No Handling of Client Funds You may not sign any client checks, handle any client funds or enter into any new fee agreements, including any referral agreements with other attorneys, while you are suspended or disbarred. And you should be removed as a signatory to any law firm IOLTA or trust accounts. 6. Non-Lega( Work You may, of course, engage in non-legal work. Be carefull, however, not fo venture into areas that may constitute the practice of law or paralegal work, such as drafting a purchase and sale agreement for a party to a real estate transaction. If you have concerns as to whether a given undertaking is permissible, seek clarification from the SJC. 7. Stationery, Cards, Telephone Lines, E-Mail & Websites ‘You may not use or distribute stationery, cards or other written materials in which you hold yourself out to be a practicing attorney. The same is true of your telephone voice mail recording, e-mail, websites or other electronic communications. Along the same lines, you should not use the titles "Esq." or "J.D." as both imply that you are a lawyer. Ifyou were practicing i ina partnership or association with other attorneys, your name must be removed from letterhead, websites, and other Promotional materials while you dre suspended. 8. Malpractice Insurance If you have malpractice insurance, consult with your agent or a company representative about the advisability of maintaining or discontinuing your coverage. 9. Make Preliminary Preparation for Reinstatement Hearing If you have been suspended for a year and a day or longer or a reinstatement hearing is a condition of a shorter suspension, and if you intend to seekreinstatement, you may wish to begin preparation by reviewing the Massachusetts case law on reinstatements, as well as Supreme Judicial Court Rule 4:01,.S 18; Rules of the Board of Bar Overseers, SS 3.61-3.67; and the reinstatement questionnaire included as an appendix to the Board rules, http://www.mass.gov /obcbbo/BBORules.pdf- C. Frequently Asked Questions Q. Ihave several matters that are virtually concluded. May I complete them after the order enters? : A. During the period between the entry date of the order and its effective date, you may complete matters that were pending. SJC Rule 4:01, 5 17 (3): However, you have to be both realistic and fair to your clients. Jf there is any chance that you will not be able to complete a matter in thirty days, or if rushing the matter to conclusion is not in the client's interests, the client should be alerted to locate successor counsel, Q. My suspension order entered yesterday. Today, a new client has offered me $10,000 to make one court appearance that will take place before the effective date of my suspension. May I accept it? A. No, you may not accept any new retainer or new matter after the entry of the order. SIC Rule 4:01, 5 17 (3) Q. have no clients and no bank accounts and J do not serve as a fiduciary. Do I have to file an affidavit of compliance? ‘ A. Yes. The form affidavit anticipates this response as one of the options. Q. I have been suspended for only six months. Can [ hand my entire practice over to another lawyer while I am suspended, with the understanding that I will take all of the clients back when I am reinstated? A. No. You are required to withdraw from all representation upon your suspension and your clients have the right to select new counsel. Ifa client asks you for a recommendation, you may recommend an attorney competent to handle the case, and the client may accept or reject your recommendation. (You are not entitled to a referral fee in such circumstances.) You cannot inform your clients that a designated attorney will represent them during your absence, and that you will resume the representation upon your return. Q. A lawyer to whom I referred a personal injury case several years ago has just notified me that he has settled it. Under our agreement, I am entitled to one-third of his one-third contingent fee, May I accept it? A. Yes, assuming that you entered into the agreement while you were licensed, you may accept the fee, Q. While ] am suspended I intend to be in close touch with my partner and office staff concerning the ongoing cases of my former clients. Is that okay? A. No. You may not run your practice from home. You may not have any involvement whatsoever in representation of any client while youare suspended. You can and should, of course, answer any questions that the client or successor counsel may have as to the status of the case or the work that was done prior to your suspension. Q. A check arrived after the effective date of my suspension made out to me and a client jointly. May I endorse the check? If not, what should J do with it? A. Either the check can be returned to the maker, with a request that it be voided and a substitute check be made payable and sent to the client (or the client and successor counsel) or you can endorse the check over to the client and send it to the client or successor counsel. In either instance, you may also send the client or successor counsel an invoice for any fees and expenses you are due. You cannot negotiate the check, even with the client's endorsement. Q. [am a co-trustee of a family trust established by my grandparents of which my nieces and nephews are the sole beneficiaries. My entire family knows that ] have been suspended. Do I have to resign as co- trustee? A. Yes, you must resign unless you seek and receive authorization from the Supreme Judicial Court to remain as trustee. There is no exception for fiduciary positions involving family members. ‘site Index BRO/OBC? Erivacy Paticy. Please direct questions to 2006, Board of Bar Overseers. Office of Bar Counsel, All rights reserved.