No. BD-2019-006
Amended Order of Term Suspension in Accordance with the Judgment After Rescript
On May 4, 2021, the Judgment After Rescript entered in
this court, directing that "an order suspending the
respondent for a period of two years shall enter."
Thereafter, on May 12, 2021, an order of term suspension
entered, suspending the respondent for two years, effective
thirty (30) days after the date of the entry of the order.
The matter is now before the court on an assented-to motion
to amend that order of term suspension. As the parties
correctly identify, the respondent already has served six
months of the two-year suspension period, pursuant to the
order of term suspension previously entered on November 18,
2019.
After consideration, and in accordance with the
Judgment After Rescript entered in this Court on May 4,
2021, it is ORDERED that:
1. Doreen Zankowski is hereby suspended from the practice
of law in the Commonwealth of Massachusetts for a period of two
years as follows: six months of the suspension period having
been served pursuant to the order of suspension entered on
November 18, 2019, the remaining eighteen months of the period
of suspension shall be effective as of June 11, 2021.1 The
lawyer, after the entry of this Order, shall not accept any new
retainer or engage as a lawyer for another in any new case or
legal matter of any nature. During the period between the entry
date of this Order and its effective date, however, the lawyer
may wind up and complete, on behalf of any client, all matters
which were pending on the entry date.
It is FURTHER ORDERED that:
2. By May 26, 2021, the lawyer shall:
a) file a notice of withdrawal as of the effective
date of the suspension with every court, agency, or
tribunal before which a matter is pending, together with a
copy of the notices sent pursuant to paragraphs 2(c) and
2(d) of this Order, the client's or clients' place of
residence, and the case caption and docket number of the
client's or clients' proceedings;
b) resign as of the effective date of the suspension
1 This date, and all dates set forth hereafter in this order,
reflect the dates proscribed in May 12, 2021 order.
all appointments as guardian, executor, administrator,
trustee, attorney-in-fact, or other fiduciary, attaching to
the resignation a copy of the notices sent to the wards,
heirs, or beneficiaries pursuant to paragraphs 2(c) and
2(d) of this Order, the place of residence of the wards,
heirs, or beneficiaries, and the case caption and docket
number of the proceedings, if any;
c) provide notice to all clients and to all wards,
heirs, and beneficiaries that the lawyer has been suspended;
that she is disqualified from acting as a lawyer after the
effective date of the suspension; and that, if not
represented by co-counsel, the client, ward, heir, or
beneficiary should act promptly to substitute another lawyer
or fiduciary or to seek legal advice elsewhere, calling
attention to any urgency arising from the circumstances of
the case;
d) provide notice to counsel for all parties (or, in
the absence of counsel, the parties) in pending matters
that the lawyer has been suspended and, as a consequence,
is disqualified from acting as a lawyer after the effective
date of the suspension;
e) make available to all clients being represented
in pending matters any papers or other property to which
they are entitled, calling attention to any urgency for
obtaining the papers or other property;
f) refund any part of any fees paid in advance that
have not been earned; and
g) close every IOLTA, client, trust or other
fiduciary account and properly disburse or otherwise
transfer all client and fiduciary funds in her possession,
custody or control.
All notices required by this paragraph shall be served by
certified mail, return receipt requested, in a form approved by
the Board.
3. By June 2, 2021, the lawyer shall file with the
Office of the Bar Counsel an affidavit certifying that the
lawyer has fully complied with the provisions of this Order
and with bar disciplinary rules. Appended to the affidavit
of compliance shall be:
a) a copy of each form of notice, the names and
addresses of the clients, wards, heirs, beneficiaries,
attorneys, courts and agencies to which notices were sent,
and all return receipts or returned mail received up to the
date of the affidavit. Supplemental affidavits shall be
filed covering subsequent return receipts and returned mail.
Such names and addresses of clients shall remain
confidential unless otherwise requested in writing by the
lawyer or ordered by the court;
b) a schedule showing the location, title and account
number of every bank account designated as an IOLTA,
client, trust or other fiduciary account and of every
account in which the lawyer holds or held as of the entry
date of this Order any client, trust or fiduciary funds;
c) a schedule describing the lawyer's disposition of
all client and fiduciary funds in the lawyer's
possession, custody or control as of the entry date of
this Order or thereafter;
d) such proof of the proper distribution of such
funds and the closing of such accounts as has been
requested by the bar counsel, including copies of checks
and other instruments;
e) a list of all other state, federal and
administrative jurisdictions to which the lawyer
is admitted to practice;
f) the residence or other street address where
communications to the lawyer may thereafter be directed;
and
g) any and all bar registration cards issued to the
lawyer by the Board of Bar Overseers.
The lawyer shall retain copies of all notices sent and shall
maintain complete records of the steps taken to comply with
the notice requirements of S.J.C. Rule 4:01, § 17.
4. By June 2, 2021, the lawyer shall file with the Clerk
of the Supreme Judicial Court for Suffolk County:
a) a copy of the affidavit of compliance required by
paragraph 3 of this Order;
b) a list of all other state, federal and
administrative jurisdictions to which the lawyer is
admitted to practice; and
c) the residence or other street address
where communications to the lawyer may thereafter
be directed.
By the Court, (Lowy, J.)
/s/ Maura S. Doyle
Maura S. Doyle, Clerk
Entered: May 25, 2021
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