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In re Griffith12/9/2003
the respondent permitted his concealment of information to stand, Matter of Nunes, 13 Mass. Att'y Discipline Rep. 584, 587 (1997); Matter of Aufiero, 13 Mass. Att'y Discipline Rep. 6, 26 (1997), we give some consideration to the respondent's eventual disclosure of the information. Although it is a close point, some mitigation exists by reason of the publicity surrounding the published opinion of the Federal trial judge sanctioning the respondent, see Matter of Grossman, 3 Mass. Att'y Discipline Rep. 89, 90 (1983), and the significant monetary fine paid by the respondent.
The one-year suspension is based on the foregoing considerations, and takes into account the "primary factor" of the "effect upon, and perception of, the public and the bar," Matter of Finnerty, supra at 829, quoting Matter of Alter, 389 Mass. 153, 156 (1983). We advise for future reference that this sanction is tailored to the factors in this case and the novelty of the issues. Counsel who engage in similar misconduct in the future should not necessarily expect a maximum sanction of a one-year suspension. We emphasize that " n effective judicial system depends on the honesty and integrity of lawyers who appear in their tribunals." Matter of Finnerty, supra. This principle applies not only to trials, but also to trial preparation and discovery. Conduct such as the respondent's corrodes these obligations.
5. We remand the case to the county court for entry of a judgment suspending the respondent from the practice of law for a period of one year.
The respondent shall comply with S.J.C. Rule 4:01, § 17, as amended, 426 Mass. 1301 (1997), and S.J.C. Rule 4:01, § 18, as appearing in 430 Mass. 1329 (2000). The respondent shall reimburse the board in the amount of $3,958.17 for costs expended in the disciplinary proceedings.
So ordered.
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