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In the Matter of James F. Boudreau, Jr.

27 Mass. Att'y Disc. R. 54 (2011)

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No. BD-2000-002

S.J.C. Order Allowing Employment as a Paralegal entered by Justice Botsford on July 11, 2011. 1

1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

 

COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss.     

SUPREME JUDICIAL COURT

FOR SUFFOLK COUNTY

DOCKET NO. BD-2000-02

 

IN RE: JAMES BOUDREAU, JR.
 

Memorandum and Order on Motion to Engage in Employment as a Paralegal
 

The respondent James Boudreau, Jr., was disbarred in 2000, having resigned from the bar while disciplinary proceedings against him were pending. Although more than eight years have passed since he was disbarred, he seeks authorization to work as a paralegal pursuant to S.J.C. Rule 4:01, § 18 (3). Specifically, he seeks to work as a paralegal with three different attorneys, James Edward Costello, John F. Cullen, and Donna Libbey Martin. Bar Counsel has filed a limited opposition to the motion, raising objections to Costello and Cullen as employers and supervisors of the respondent, because of the two attorneys' disciplinary histories.

After hearing, I conclude that the motion should be allowed in full. It is true that both Costello and Cullen previously have been suspended from the practice of law because of professional misconduct.1 However, both of them have been reinstated - Cullen, presumably, without the need for a reinstatement hearing, see rule 4:01, § 18 (1) (b), and Costello, after a reinstatement hearing where he had (and satisfied) the burden to show "that he has the moral qualifications, competency and learning in law required for admission to practice law in this Commonwealth, and that his resumption of the practice of law will not be detrimental to the integrity and standing of the bar, the administration of justice, or to the public interest." S.J.C. Rule 4:01, § 18 (5). See Matter of Pool. 401 Mass. 460,463 (1988). Reinstatement having occurred, and. based on the information provided during the hearing on this matter,2  I see no basis on which to conclude that Costello and Cullen - as well as Martin - do not have the ability and intention to supervise the respondent's paralegal work, and to ensure that he hews to appropriate professional standards in performing that work - which includes ensuring that he does not engage in the practice of law. Each of the three prospective super­vising attorneys have filed affidavits in which each has indicated that the respondent would not have client contact or have any involvement with financial matters, and would perform paralegal services on an as-needed basis^ I accept these affidavits.

ORDER

For the foregoing reasons, the motion of the respondent James F. Boudreau, Jr., to engage in employment as a paralegal is allowed.

Margot Botsford

Associate Justice

Dated: July 7, 2011

 

1 James Edward Costello was indefinitely suspended in 1999 for misappropriation of funds, and was reinstated in 2007. John F. Cullen was suspended for one year in 2008, and reinstated in 2010.

2 At the hearing, the respondent explained that he has been working with at least Costello and Cullen as part of a group of individuals who meet and work together as a type of "back to practice" group under the auspices of Lawyers Concerned for Lawyers, It appears that this work, and this group offers support and guidance to individuals in the respondent's situation.