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In the Matter of John K. Dvorak

28 Mass. Att'y Disc. R. 269 (2012)

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No. BD-2012-028

S.J.C. Amended Order of Term Suspension entered by Justice Lenk on July 11, 2012. 1

(S.J.C. Order of Reinstatement entered by Justice Cordy on April 9, 2014.)

 

SUMMARY2

 

The respondent, John K. Dvorak, Esq., is an attorney duly admitted to the bar of the Commonwealth on June 19, 1997. On March 1, 2012, the respondent, who is an immigration lawyer, was suspended from the practice of law before the Board of Immigration Appeals, Immigration Courts, and the Department of Homeland Security, for three years.  Pursuant to 8 C.F.R. § 1003.107, the respondent is eligible to apply for reinstatement eighteen months after the effective date of the suspension.

The conduct resulting in the respondent’s suspension was as follows: First, since December 20, 2000, the respondent failed to provide competent representation to clients concerning fourteen Form I-140 immigrant petitions for alien workers.  Second, the respondent failed to act with reasonable diligence and promptness by failing to control and manage his workload so that each immigrant petition could be handled competently. Third, between November 8, 2001 and December 19, 2002, the respondent misled, misinformed, or deceived the then-Immigration and Naturalization Service when he filed the immigrant petitions, by not providing accurate information and documentation.

On April 12, 2012, the office of the bar counsel filed a petition for reciprocal discipline pursuant to S.J.C. Rule 4:01, § 16.  The parties filed a waiver of hearing and assented to the entry of an order suspending the respondent from the practice of law in the Commonwealth of Massachusetts.  On July 11, 2012, the Court (Lenk, J.) entered an amended order of term suspension, whereby the respondent was suspended for a period of thirty-six months, with the last eighteen months suspended retroactive to May 18, 2012.

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

2 Compiled by the Board of Bar Overseers based on the record filed with the Supreme Judicial Court.