In the Matter of Roy D. Toulan, Jr.

After the respondent defaulted, he was suspended for a term of six months for varied misconduct, including neglect of a client matter and failure to cooperate with bar counsel. Per Order of the Single Justice, he will be required to apply for reinstatement pursuant to S.J.C. Rule 4:01, § 18(2), (4) and (5).

SUMMARY

The respondent was charged with varied misconduct in a two-count petition for discipline. The respondent failed to answer and was advised that the allegations were deemed admitted. He took no further action.

The petition for discipline charged, in Count One, misconduct in a Housing Court matter. The respondent worked on the clients’ matter for a few years, from July 2015 through approximately June 2018, sending invoices and receiving payments. In or around March 2019, he requested an additional $750 to prepare and file a motion. The clients sent the money, but the respondent never filed the motion, telling the clients in or around June 2019 that he was unable or unwilling to practice law anymore. He gave the clients some documents, but not their entire file. He stopped communicating with the clients after June 2019. He failed to tell his clients about a September 2019 hearing, did not inform one of the clients that his deposition had been noticed, and did not attend the deposition or the September hearing. After successor counsel was retained, the respondent did not respond to her communications, did not send her the file, never withdrew from the case, and did not refund any portion of the $750 retainer. This conduct violated Mass. R. Prof. C. 1.1, 1.3, 1.4, 1.15A(b), 1.16(c), and 1.16(d).

Count Two of the petition charged the respondent with failing to cooperate with bar counsel’s investigation. He did not respond to any of bar counsel’s requests for information, was administratively suspended June 23, 2020, and did not comply with the S.J.C.’s Order of Suspension. This conduct violated Mass. R. Prof. C. 3.4(c), 8.4(d), 8.4(g) and 8.4(h).

After having been advised by the Board of his right to move for relief from default, the respondent took no action. He did not file a brief on disposition or respond to bar counsel’s brief.

By vote dated January 11, 2021, the Board of Bar Overseers recommended a sixmonth suspension, on and after reinstatement from the Administrative Suspension, and that a reinstatement hearing be required.

On April 16, 2021, Justice Gaziano ordered the respondent suspended for six months, effective immediately, with reinstatement after application pursuant to S.J.C. Rule 4:01, § 18(2), (4) and (5).