In re the Discipline of an Attorney

Summary

The Massachusetts Supreme Judicial Court affirmed the Board of Bar Overseers' dismissal of disciplinary charges against an attorney who forwarded a fire investigator's deposition transcript to the investigator's supervisor. The court held that conduct violating no other disciplinary rule is sanctionable under DR 1-102 (A) (5) only when it is egregious and flagrantly violative of accepted professional norms so as to undermine the legitimacy of the judicial process. The court also denied the attorney's anti-SLAPP motion and request for attorney's fees and costs.

Holdings

1. Conduct that violates no other disciplinary rule may violate former DR 1-102 (A) (5) only if it is egregious and flagrantly violative of accepted professional norms so as to undermine the legitimacy of the judicial process.
2. The respondent's transmission of the deposition transcript to the fire marshal's office did not constitute conduct prejudicial to the administration of justice under former DR 1-102 (A) (5).
3. The respondent was not entitled to dismissal, attorney's fees, or costs under Massachusetts General Laws chapter 231, section 59H because bar counsel had a substantial basis apart from or in addition to the alleged petitioning activity for bringing the disciplinary action.

Questions Presented

1. Whether conduct that violates no other disciplinary rule may constitute conduct prejudicial to the administration of justice under former DR 1-102 (A) (5) when it is not egregious, flagrantly violative of accepted professional norms, or sufficient to undermine the legitimacy of the judicial process.
2. Whether the respondent's transmission of the deposition transcript to the fire marshal's office violated DR 1-102 (A) (5).
3. Whether Massachusetts General Laws chapter 231, section 59H, permits the respondent to obtain dismissal of the disciplinary proceeding or attorney's fees and costs.

Disposition

affirmed