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In the Matter of Michael R. Lustig

30 Mass. Att'y Disc. R. ___ (2014)

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No. BD-2014-040

S.J.C. Order of Indefinite Suspension entered by Justice Spina on December 2, 2014. 1

SUMMARY2

On March 25, 2014, Michael J. Lustig, Esq., who was admitted to the bar of the Commonwealth on June 14, 2000, pleaded guilty in the Chelsea District Court to one count of possession of a Class B substance with intent to distribute, in violation of G.L. c. 94C, § 32A(a), a felony. The respondent was placed on probation until September 25, 2015.  As a result of his conviction, the respondent was temporarily suspended from the practice of law on April 17, 2014. The circumstances supporting the conviction were as follows.

On November 13, 2013, the respondent attempted to deliver five Suboxone pills to a girlfriend in the courthouse of the Chelsea District Court.  In mitigation, the respondent’s conviction was not related to his representation of a client.  In aggravation, the respondent used his bar card to bypass security at the Chelsea District Court and intended to deliver the pills to the girlfriend in the court lock-up in an envelope marked “attorney-client privilege.”

On October 29, 2014, bar counsel and the respondent filed with the Board of Bar Overseers a stipulation of facts and a joint recommendation for an indefinite suspension, retroactive to the date of the respondent’s temporary suspension.  On November 10, 2014,the board voted to accept the parties’ stipulation and recommendation.  On December 2,2014, the Supreme Judicial Court for Suffolk County (Spina, J.) entered an order of indefinite suspension, retroactive to April 17, 2014.

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.