COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS SUPREME JUDICIAL COURT FOR SUFFOLK COUNTY SJC NO. 87-26BD IN RE: KENNETH J. ELIAS ) ) ) ) ) PETITION OF KENNETH J. ELIAS FOR REINSTATEMENT Pursuant to Supreme Judicial Court Rule 4:01 Section 18(1), Kenneth J. Elias respectfully petitions this Honorable Court for reinstatement to the bar of the Commonwealth of Massachusetts. The Petitioner was admitted to the bar of the Commonwealth of Massachusetts in 1964. On August 1, 1987 retroactive to September 28, 1987, this Court, Abrams, J., presiding, ordered that petitioner be forthwith indefinitely suspended from the practice of law in the Courts of the Commonwealth of Massachusetts and thereafter the Court issued an order of indefinite suspension. Petitioner has the moral qualifications competency and learning in law required for admission to practice law in this Commonwealth and his resumption of the practice of law will not be detrimental to the integrity and standing of the bar, the administration of justice or to the public interest. In addition thereto, the petitioner will take the current Professional Responsibility Portion of the Massachusetts Bar Examination during the pendency of this petition. Petitioner has complied with the provision of Supreme Judicial Court Rule 4:01, §17, as follows: (a) He has not accepted any new retainer or engaged as an attorney for another in any new case or legal matter of any nature; (b) He has not engaged in the practice of law since the effective date of his suspension; (c) He has notified all of his clients of his suspension and consequent inability to act as an attorney; (d) He has notified each client who is involved in pending litigation or administrative proceedings and the attorneys for each adverse party in such matter or proceeding of his suspension and consequent inability to act as an attorney; (e) He has advised each client to promptly substitute another attorney(s) in his place or to seek legal advice elsewhere; \A (f) He has advised all Courts and/o4encies in which he had filed appearances for any party Of his suspension; (g) He has not engaged in paralegal work during the period of his suspension; (h) Within fourteen days after the effective date of his suspension, petitioner has filed with the office of the Board of Bar Overseers affidavits in compliance with Supreme Court Rule 4:01, §17(6) and supplemental affidavits as required. Five years and two months have expired since the disciplinary action hereinbefore referred to up to the filing of this petition. Kenneth J. Elias, By his attorney Ke in J. Re&ington Esq. K LEY & R pilINGTO 1 42 Belmont Street, Suite 203 Brockton, Massachusetts 02401 (508) 583-7131 BBO #414160 BOARD OF BAR OVERSEERS FOR THE COMMONWEALTH OF MASSACHUSETTS IN RE: SUPREME JUDICIAL COURT APPLICATION FOR REINSTATEMENT AS AN ATTORNEY AT LAW KENNETH J. PJJAS BBO FILE NO.: 87-26-BD REINSTATEMENT QUESTIONNAIRE In accordance with the provisions of Subsection F, Section 3.63 of the Rules of Procedure and Other Regulations for the Board of Bar Overseers, the respondent-attorney shall compiete.four (4) copies of the Reinstatement Questionnaire setting forth fully and accurately the information requested under the pains and penalties of perjury. The respondent-attorney shall return the Reinstatement Questionnaire to the Board of Bar Overseers within twenty (20) days of the date indicated on the enclosed letter. This Questionnaire shallbecome a rart of the'reCord -in_the teiristatement rrOceedinF 1. Name, address, age, marital status and residence of the respondent attorney. Full Name Kenneth J. Elias Address 77 Burkeside Avenue, Bronktnn, MAssanhuRetts Age 56 Marital Status Married - 6 Children Residence 77 Burkeside Avenue, Brockton, Massachusetts ' dependents 2. Name, address, age, 'residence, number and relation§hlp of of the respondent-attorney. Rosemarie Elias, Wife Age 55 77 Burkeside Avenue Brockton, Massachusetts REINSTATEMENT QUESTIONNAIRE Page Two 3. Name each college and law school you attended, dates of attendance, degree awarded, and reason for leaving each school, if no degree was awarded from that institution. Providence College - 1954 - 58 A.B. Boston College Law School - 1960 - 64 L.L.B. 4. The jurisdictions and courts where the respondent-attorney has been admitted to the practice of law, together with the dates of said admissions: Commonwealth of Massachusetts - October 1,:1964 5. The offense, offenses, or misconduct upon which the disbarment or • suspension was based, together with the date of the disbarment or • suspension order, and the caption and docket number of the proceeding in which entered: a) in the Couthionwealth: In re: Bar Counsel, Petitioner vs. Kenneth Elias, Respondent, Board of Bar Overseers File No, C3-81-90L. Including all listedbalan D.R. 6-101 (A)3 (Neglect of a legal matter), D.R. 1-102(A) (4) (Dishonesty), D.R. 1-102(A) (6) (Conduct adversely reflecting upon the respondent's fitness to Practice Law), D.R. 9-102(A) (Commingling Client's Funds), D.R. 1-102(A) (5) (Conduct prejudicial to the administration of justice), and D.R. 2-106(A) (Charging clearly excessive legal fee). Suspengicric3ate-9/28/g7 b) in any other jurisdiction or court where the respondent-attorney had been admitted to the practice of law: None [A Certified copy of any disbarment or susptnsion order in any jurisdiction shall be attached to this Questionnaire.] REINSTATEMENT QUESTIONNAIRE Page Three 6. Have you notified the original complainant in the disbarment or suspension proceeding in this jurisdiction or this petition, as well as the original complainant in any other disbarment or suspension proceeding,that you were the subject of in any other jurisdiction? If so, list the names, dates, addresses, and method of notification. I have notified Mr. Joseph Aiken, P.O. BOX i591, Lakewood, CA 190711 by first elass urn pDstage Fre-paid, of m3y intention to file an Application for ReinstatEmEant as an Attorney at law. 7 Have you ever been treated for alcoholism, drug addiction, or mental illness, since the date of disbarment or suspension order? If so, please set forth the details of such treatment. 8 The names and addresses of all complaining witnesses in the proceeding which resulted in disbaLment or suspension in this Commonwealth and in any other jurisdiction or court, and in addition, the names of: a) the court, including the name of any justice thereof, the hearing committee of the Board, or local grievance columittee, or other similar body" existing prior to the estabshment of this Board in the Commonwealth of Massachusetts,:w4ch heard the evidence in the disciplinary proceedings;t; b) the trial judge and prosecuting attorney, if disbarment or suspension was based on the conviction of a crime. A. Carplaining wifrss - Joserh Aiken, P.O. Box 3891, lakswood, CA OM not allPar nor testify) SuprEse Jiici1 Court: Abrams, Judge Hearing Committe: alward P. Ryan, Chairman John J. Kellogg ArlerE L. Bernstein REINSTATEMENT QUESTIONNAIRE Page Four 9. The nature in detail of the occupation of the respondent-attorney during the period of disbarment or suspension, with names of all partners, associates in business, and employers, if any, and dates and duration of all such relationships and employment. Unemployed - September 1987 to January 1989 January 1989 to present 100% totally disabled - receiving SSI 10. A statement showing the.approximate monthly earnings and other income of the respondent-attorney, and the sources from which all such earnings and income were derived during such period, or during the ten (10) years preceding the filing of the petition for reinstatement, which ever is less. Cashed Social Land Passive Year Unearned - Prior years Year IRA Security Income Total Monthl, 1 17,715.00 1989 23,5com 1990 1991 1972 4,817.00 24,9AD.00 2,033.83 5,628.0) 3,074.03 32,222.00 2,683.5) 18,603.00 11,2%.W 4,195.00 341051.00 2,837.58 7,711.00 11,256.03 3,994.00 23)C27.03 11,752.00 11,256.00 4,672.00 15,928.00 1,327.00 2,438.00 11. A statement showing all residences maintained by the respondent-attorney during the ten years preceding the filing of the petition for reinstatement, with the names and addresses of landlords, if any. '77 Burkeeide Avenue, Brocktcn., Mass'acbasetts 02401 REINSTATEMENT QUESTIONNAIRE Page Five 12. A statement showing all financial obligations of the respondentattorney at the date of the filing of the petition, together with the dates when such obligations were incurred and the names and addresses of all creditors. I am the guarantor cn a mortgage loan with Wollaston Credit thin] which is secured ty my residence at 77 Barkeside Avenue, Brodtton, MA. uflich the oblig ' atian lAns incurred cri February of 1988. 13. A statement showing the dates, general nature, current status, or final disposition of every civil action commenced or pending in any jurisdiction during the period of any disbarment or suspension wherein the respondent-attorney was either a party plaintiff or defendant or in which he had or claimed an interest, together with dates of filing of complaints, titles or courts and causes and the names and addresses of attorneys for said parties and of the trial judge or judges, and names and addresses of all witnesses who testified in such actions. Ffe attached 14. A statement showing dates, general nature and ultima,pne disposition of every matter involving the arrest or prosecuti*kof the respondent attorney In any jurisdiction during the period of any disbarment or suspension for any crime, whether felony or misdemeanor, together with the names and addresses of complaining witnesses, prosecutors, and trial judges. None ' co 4-) o g q-1 o ro 4-1 m a) 4-4 4-) ts) 4 4J 4-J 1 g r' ,1 i 8 oi g4 1.8 4-4 g 0C.) ty, Ts :0 8 +i k 0 k k H •,., U) 4-i cc) 0 Lr) co r- 44 0 0 a) c3 opor-lo0 o o . ro 0 F c )) o 0, 7:741 6 g •1-1 >1' Cl .) 0 :•)4 C§ 2 4-4 0 48 NI o t k 0 .4 0 k cc) C).. 0 0 i—i Id 't b En U) m r—I C:31 f--I NI 8 Ci (3) 0 N r—I 01 P4 CO Ln Pd 01 84 .1.3 (f) r—I Cd N 0 •H ai r-l a) 1-1 0 UM) o NI C.) 0 LH 1-1 I-; • a) Ef) 4-1 w (1) -1-1 g g 41 F> cn ni •al AI ..... a) 2 4 N rn .1 to ] 4-) P 83 ' o ,,, a) I ,. En 4-1 CO C1) ...0 . .. p4 ft) g -11. - 1 g o w .IC 1 = 41 N 0 cy, a) 4rdN k g 0Z P4 N -P rx., .4 Er) 0 :8 I.CL)J 4-101 u) N CV 69,2 11 t 461 Z PI cn 0m 0 cr, "8 714'5 a I Er) 8 CO CO a) o M k 0o REINSTATEMENT QUESTIONNAIRE Page Six 15. A statement as to whether or not any applications were made during any such period for reinstatement or original admission as an attorney-at-law in any jurisdiction, or any applications for a license requiring proof of good character for its procurement; and as to each such application, the dates, name and address of the authority to whom it was addressed and the disposition thereof. None 16. A statement of any procedure of inquiry, during said period, concerning the standing of the respondent-attorney as a member of any profession or organization, or holder of any license or office, which involved the censure, removal, suspension, revocation of license, or discipline of the respondent-attorney; and as to each the dates, facts, and the disposition thereof, and the name and address of the authority in possession of the record thereof. None 17. A statement as to whether or not any charges of fraud were made, or claimed, against the respondent-attorney during any period of disbarment or suspnesion, whether formal or informal, together with the dates and names and addresses of persons making such charges. None 18. A statement of any financial or other action takeii by the respondentattorney in the nature of restitution or ,other appropriate relief. Restitution has been made,. REINSTATEMENT QUESTIONNAIRE Page Seven 19. A concise statement of facts claimed to justify reinstatement to the Bar of this Commonwealth. I believe that my suspension has allowed me time to reflect upon my behavior as an attorney. I have come to realize that I, as a sole practitioner, allowed my practice to get out of control. I provided a disservice, not only to my clients but to myself and family, by my lack of attention and carelessness. I have additionally come to realize that my lack of attention and carelessness was attributable to my case load being far greater than I could handle as a sole practitioner. It is my sincere belief that I have learned from my mistakes and I am confident that my mistakes will not be repeated. It is my earnest belief that I can again provide competent legal services to the public. State whether or not you intend to practice law in this juridiction, if you are reinstated. Yes 21. List names, addresses, and telephone numbers of three (3) references who would recommend your reinstatement to the Bar of this Commonwealth and who would testify as to your character and conduct since disbarment or suspension. 1. Kevin J. Reddington, Esquire 1342 Belmont Street Brockton, MA 02401 (508) 587-3171 2. Paul Studenski, Jr. Chief of Police 7 Commercial Street Brockton, MA 02402 City of Brockton , ..,. ( 508 ) 583-1 21 2 3. William O'Malley, Esquire District Attorney Office of the District Attorney Plymouth County . 32 Belmont Street Brockton, MA 02401 ( 508 ) 584-8120 REINSTATEMENT QUESTIONNAIRE Page Eight 22. State any other pertinent matter which you desire to be either recorded or considered. COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS: I, Kenneth J. Elias , being duly I have read the foregoing questions and that stated, except as to matters and things, if and belief and that as to those matters and be true. sworn, say that: the answers are true as ny, stated on information hings, I believe them to signature) Sworn to and subscribed before me this 19 4th day of June 93. (seal) My commission expires: y 30, 1997 PAGE 1 1 COMMONWEALTH OF MASSACHUSETTS BOARD OF BAR OVERSEERS OF THE SUPREME JUDICIAL COURT 2 3 4 5 ************************************* IN THE MATTER OF KENNETH J. ELIAS SUPREME JUDICIAL COURT NO: 87-26-BD PETITION FOR REINSTATEMENT ************************************ 6 AT: 8 9 • 10 Board of Bar Overseers 75 Federal Street Bo,ston,,MA 02110 , DATE: July 13, 1993 TIME: 2:00 p.m. PAGES: Volume I, Pages 11 12 13 HEARING COMMITTEE: Andrea W. Gargiulo, Chairwoman James Brink, Esquire, Member Naomi Gordon, Esquire, Member 14 APPEARANCES: 15 16 ARNOLD R. ROSENFELD, Bar Counsel, Office of the Bar Counsel, 75 Federal Street, Boston, Massachusetts 02110. 17 18 19 ROBERT S. CREEDON, JR., ESQ., Creedon & Creedon, One Centre Street, Brockton, Massachusetts 02401, For the Petitioner. 20 21 22 23 EYAL COURT REPORTING SERVICE 84 STATE STREET, 2ND FLOOR BOSTON, MA 02109 (617) 723-,9432 (800) 322-3925 24 INDEX NOTES Page Line .4 I t7 . 3:35-95 - 3M 1:43 s. h? A PAGE 2 1 2 WITNESS: DIRECT CROSS REDIRECT RECROSS 3 4 5 6 EXHIBITS 7 Number Description 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I Page PAGE 3 1 2 3 4 JULY 13, 1993 PROCEEDINGS 5 6 CHAIRWOMAN GARGIULO: This is 7 the petition of Kenneth J. Elias for 8 reinstatement to the Bar. The panel is 9 chaired myself, a member of the Board of 10 Bar Overseers. Also on the panel today 11 is Attorney James Brink and Ms. Naomi 12 Gordon. Can we have you identify 13 yourself for the record? 14 MR. CREEDON: Attorney Robert 15 is Creedon, Jr., with offices at One 16 Centre Street, Brockton, Massachusetts, 17 representing Kenneth J. Elias. 18 MR. ELIAS: I'm Kenneth J. 19 Elias of 77 Brickside Avenue in Brockton, 20 MassachuSetts.. 21 22 23 , 24 . , CHAIRWOMAN GARGIULO:0°A From Bar Counsel's office? MR. ROSENFELD4" I'm Arnold Rosenfeld, Bar Counsel. PAGE 4 1 CHAIRWOMAN GARGIULO: 2 Mr. Creedon, would you like to make a 3 presentation? 4 MR. CREEDON: What I would 5 initially like to do is present some 6 additional documentation which we didn't 7 have a chance to forward to you. I have 8 given copies of this to Mr. Rosenfeld. 9 These would be 'the originals and copies. • 10 CHAIRWOMAN GARGIULO: All 11 right. I have a letter dated July 12, 12 1993, apparently with a signature -- 13 purporting to have the signature of Judge 14 Francis P. Murphy, Retired. I'm marking 15 that as Exhibit A. I have a letter dated 16 July 10, 1993, purported to have the 17 signature of Reverand David M. George, 18 Exhibit B. I have a letter dated July 19 12th, on the stationery of Nutter, 20 21 McClennen & Fish, purporting to 1,1f,e the • \ signature of Augustus F. Wagndr-iAJr. 22 That is marked as Exhibit C. 23 , 24 (Exhibits A, :Jr& C, marked.) CHAIRWOMAN GARGIULO: Did we PAGE 5 1 have any other letters in our file? 2 3 MR. CREEDON: Yes. I had forwarded -- 4 I have CHAIRWOMAN GARGIULO: 5 them, yes. I have a petition and some 6 other letters which are already in the 7 file. MR. CREEDON: 8 9 And there should be a letter forwarded from Attorney Paul 10 Cusack, Jr., who is a former assistant 11 D.A.. That should be an exhibit. 12 13 CHAIRWOMAN GARGIULO: Let me look for that. 14 (Pause.) 15 CHAIRWOMAN GARGIULO: I'm 16 sorry, I don't see Mr. Cusack's letter. 17 What I have is a reinstatement petition; 18 I have a letter from Ernest A. Spasperi; 19 a letter from Doogan, Jr.; and a letter 20 from -- 21 ,‘ MR. CREEDON: Therewas 22 another cover of June 19; 1993. It was 23 sent to the Board, Attention Michael 24 Fredrickson. I can give the Chairman PAGE 6 1 copies. 2 CHAIRWOMAN GARGIULO: Would 3 you just make sure before we leave that 4 Mr. Fredrickson has that. This is 5 Mr. Fredrickson over here. MR. CREEDON: 6 I have copies of 7 letter sent directly to the Board from 8 retired Judge John Hurd and Attorney 9 Harold Coil'6n. 10 CHAIRWOMAN GARGIULO: 11 those be in the file, Michael? 12 13 MR. FREDRICKSON: CHAIRWOMAN GARGIULO: 18 Judge Hurd and Harold Cohen. 16 17 What were the names again? 14 15 Would CHAIRWOMAN GARGIULO: All right. MR. CREEDON: Madame Chairman, 19 essentially we know we have the burden of 20 21 going fo'iward in this matter. We , 1 presented our support in letteorm, 22 rather than bringing witnesses in. I was 23 going to have my client, relate to 24 yourself and the other members of the PAGE 7 1 Board what he has been doing since he was 2 suspended from the practice of the law. 3 I'm sure that the chairman of the board 4 is familiar with the facts of that 5 suspension. He at this point would like 6 to address the Board on what he has been 7 doing since that point. 8 9 10 11 12 13 14 CHAIRWOMAN GARGIULO: All right. Mr. Elias? MR. ELIAS: Thank you. First, I never in my wildest dreams MR. ROSENFELD: Can I suggest that he be sworn. That, KENNETH J. ELIAS, first 15 having been duly sworn by Chairwoman 16 Gargiulo, on oath, testifies as follows: 17 CHAIRWOMAN GARGIULO: 18 19. You may continue, sir. MR. ELIAS: I could never have 21 imagineethat I would have come tp\the o situation where I found myselfti§pended .1, 22 in the practice of law. For the first 23 year or so after that I, really couldn't 20 , 24 come to grips with it. I was kind of PAGE 8 1 depressed, avoided people, stayed out of 2 the public. I think I got myself in a 3 bad situation that I had another heart 4 attack in 1989. This is my second one, and it was fairly devastating. As I lay 6 in the hospital bed I decided that I 7 wasn't going to let it get me down. I 8 wasn't going to die at this stage in my 9 life. I, i;ad a wife and six kids and a 10 whole bunch of grandchildren. I started 11 after that to get myself back together. 12 First I admitted to myself that what I 13 had done was wrong, that it wasn't any of 14 the excuses or reasons I may have given 15 over the years. At first when you start 16 to get into a client's funds you kid 17 yourself into believing that, well I'm 18 taking a legal fee in advance, and you 19 just go along fooling yourself. All the 20 21 time I kiiew that it was becoming m. own V' worst nightmare, a lawyer whosients 22 couldn't trust him. But'it went on. At 23 least in '89 I came to grips with that 24 and I decided that I was going to try to PAGE 9 1 rehabilitate myself and get back into the 2 position where some day I might be able 3 to again practice law. It's the only 4 thing I have ever done in my adult life. 5 It's the only thing I think I was any 6 good at. I was good at criminal 7 advocacy. Anyway, I had no skills beyond 8 being a lawyer, and I really didn't have 9 the phyS4- 1 abllity in '89, after the 10 heart attack, to do anything. I ended up 11 on social security disability 100 12 percent. In fact I'm still on it, 13 although I recently notified the Social 14 Security Administration that my doctor 15 tells me that I could probably return 16 without much danger. I had a triple 17 bypass in November of 1991 to alleviate a 18 sudden death possibility, and luckily 19 enough it didn't only eliminate that, it 20 gave me dome ability to function .avain. 21 22 From '89 to '91 -- I have beenkAoAtners ., in a nine-hole golf course since 1975, 23 and although I have no skill in cutting 24 grass or managing, I spend some time PAGE 10 1 there. I started to get myself involved 2 in running events that would be 3 beneficial to the community and the 4 public at large. Junior golf, and some 5 senior golf. There were fund-raisers for 6 people who had been ill-stricken. I just 7 helped kind of organize that. I kept 8 current -- For a while I wouldn't even 9 read about the law, and then I subscribed 10 to Lawyer's Weekly, because I felt that I 11 should at least keep up, and I peaked my 12 interest in it. Over the years I tried 13 to keep abreast with at least the major 14 changes in the law, specifically the 15 criminal law. I go into courtrooms. I 16 enjoy watching a criminal trial both in 17 the superior and district court level, 18 and I kind of match wits with the people 19 involved still. In '91, after I had the 20 21 bypass, I really began to feel sa9t 4 better and I got myself back ikriMe kind 22 of physical condition. I lost about 35, 23 40 pounds. I can now walk three, four 24 miles a day, and I feel pretty good about PAGE 11 1 it. Other than that, I haven't been much 2 productive. Again, I don't think I have 3 ever had the skill to do anything else, 4 and I have never wanted to do anything 5 else. I don't know what else to say. Q. (By Mr. Creedon) If you would, Mr. Eias, 7 get to the question of how you supported 8 yourself? 9 A. Well, I had had some income from my 10 practice. It wasn't a lot, but it went 11 right up through 1992, I think. And the 12 small interest in the golf course, which 13 would be four or five thousand dollars a 14 year. In '87, when I was suspended, I 15 owned my home, which I still live in. 16 The only home I ever owned. It was free 17 and clear of a mortgage at that time, so 18 I mortgaged that to the limit. The most 19 I could get was $100,000. I have been 20 21 supplementing my money off of tha,tl and •• paying back the mortgage out dttlat 22 money. So I still owe $98,000, five 23 years later. I have social security, 24 which I think is $900 a month. I don't PAGE 12 1 know when that started. In 1990, I 2 think. Other than that, I have had no 3 other source of income. 4 Q. Would you also relate to the Board your 5 marital status; your family, your 6 children, grandchildren? 7 A. Well, I have a terrific wife who stood by 8 me through all this, and six kids, and I 9 think eight grandchildren, and growing. 10 I have one daughter that is pregnant at 11 the present time. Frankly, it's been 12 humiliating to me, and embarrasing, but 13 it's been more difficult on them. I live 14 in Brockton, a small community. I am 15 without trying to sound foolish about it, 16 I was fairly well-known. I was a lawyer 17 of some repute there, and I know a lot of 18 people. My kids were in the school 19 system, and my youngest boy came home one 20 day and Wanted to know how much 7,..why I 21 embezzled six milion dollars. 01J,10 to that 1 22 point they really didn't know what was 23 going on. I told him that I had taken 24 money that belonged to a client, but it PAGE 13 1 didn't approach six million dollars. My 2 other son came home saying that I took 3 some poor widow's money, and she ended up 4 in a nursing home. Those sort of things 5 were tough to beat down. For example, my 6 wife and kids wanted to come today, and I 7 absolutely refuse to let them become part 8 of my shame. I don't want them to think 9 they did, anythi'ng wrong and have them 10 come here and say my dad is a great guy. 11 Thank God, they have done very well with 12 it. My wife has handled it terrifically, 13 and my kids. Some day my grandchildren 14 are going to know about it. I can't live 15 it down. It exists. 16 Q. Would you describe briefly, if you would, 17 the kind of law practice that you had? 18 , A. I did almost exclusively trial work, and 19 almost all of that was criminal trial 20 practice: I enjoyed getting intothe 21 district courts and trying to i&ohVince a 22 judge and kind of beat up on the district 23 attorney and the cops. , That was 24 something I enjoyed doing. I felt like PAGE 14 1 it was productive. Generally your client 2 was someone without an awful lot in 3 material goods or without a lot of breaks 4 in life and they ended up in the system. 5 I enjoyed it. I did a lot of that and 6 superior court trial work. I did almost 7 no civil trial work. For a while I was 8 fairly active in the probate courts. I'm 9 a very stubborn, aggressive, one-view 10 type of person. I want to argue and 11 fight about it. When probate court 12 stopped doing that, I stopped doing that 13 as well. So pretty much like -- Estate 14 work, I think I did one or two in my 15 whole life, and I managed to screw those 16 up. I never should have touched them. 17 That's what I did, and that's what I 18 would like to do again. 19 Q. Would you describe your involvement in 20 the beginnings of the Plymouth Conty Bar 21 Advocates? 22 23 1 24 ' A. I was elected president of the Plymouth County Bar, and I enjoyed doing that for a year. During that period of time I had PAGE 15 1 an idea that Massachusetts defenders were 2 really overwhelmed with work, and no 3 matter how hard they tried -- I would go 4 to district court and see a defender with 5 15, 20 cases, and I would know there is 6 no way that that work could be done, with 7 all due respect to them. I thought that 8 maybe I wouldn't want to be passed down. 9 I thought Maybe all these young lawyers 10 that I would see trying to make a living, 11 especially when no fault came in and it 12 took away the chance to make some money. 13 Everybody had family and cousins, and 14 that went away. I proposed that we have 15 kind of an advocate. We would sign a 16 contract with them and we would take over 17 defending in our county in addition to 18 the Massachusetts defenders. I think, 19 and I can't be sure of this, but it was 20 21 probably the beginning of all of his. I , had an Attorney Steve Steinberg hat I 22 appointed to help me do it. We drew up 23 this whole contract. My"term ended and 24 when the other guy took over, he in fact PAGE 16 1 signed what I think was the first 2 contract for advocates in the state. I 3 had been invited to the Massachusetts Bar 4 Association at a conference and presented 5 my idea on the advocacy program. I'm not 6 saying that was the reason for it, but I 7 think a lot of it started there. The 8 Supreme Judicial Court shortly thereafter 9 got invalVed wi(th it and appointed a 10 committee to do the same thing that we 11 had been doing for a year in Plymouth 12 County. Also the M.C.L.E. would give 13 summer courses for two days for new young 14 lawyers. I would volunteer my time. I 15 was on the staff. I would present 16 defense counsel; there would be a 17 district attorney and the judges. On 18 some occasions the Mass. defenders would 19 hold Saturday sessions in the various 20 courts and they would ask if I woRld be 21 there; and I would be glad to ,d'othat 22 too. It wasn't all bad. 23 Q. If you would, Mr. Elias, would you relate , 24 to the Board what you have learned in the PAGE 17 1 past five years about the way you did 2 practice law? 3 A. The thing is, when you come maybe 4 everybody doesn't face it, but you come 5 to that point of decision, and if you 6 make that wrong decision you really 7 become, as I said before, your own worst 8 nightmare. There is no way to avoid 9 that. f, aon't have a good answer. Robby 10 says to me, "Why did you do this?" I 11 don't know why I did it. I know 12 apparently it was the easier way at the 13 moment to get money to keep functioning. 14 I had a very large practice. It wasn't 15 as if I couldn't do it. It had grown so 16 large on me that I lost complete control 17 of it. I had no idea what was going on. 18 I know my trial practice schedule, 19 because you have one of these diaries, 20 and your secretary points you in4,e 21 direction, and off you go. I c.iotlild spend 22 more time -- and I hate to admit this, 23 but I would spend more time going to a , 24 court to tell them why I couldn't come PAGE 18 i 1 there, why I had to be somewhere else. I 2 would get caught up in constant arguments 3 with judges, you're staying here, you're 4 not going there. In the last year or so 5 I just got so busy that I'm not sure I 6 was functioning with any sense at all. 7 That isn't an excuse for what I did, 8 because what I did had happened some time 9 before that. I have learned that you 10 have to say say no sometimes. I just 11 can't be all things to everybody. I 12 still get calls for five years -- I get 13 calls at home and police stations in the 14 middle of the night. I got a call last 15 night from some fellow from Ohio who 16 wanted a divorce, from a fellow up here 17 that I represented. I think I have 18 learned, if I'm able to do it again, to 19 do what I do well and leave it at that. 20 All I would like to do -- I'm notven 21 sure -- I don't want to open aknAiffice. 22 I don't think I would do'that. I would 23 rather do some appointment work and be 24 associated with someone. PAGE 19 1 Q. By way of description, give us an example 2 of the schedules you kept. You went from 3 the Brockton Court to the -- 4 A. I appeared before the S.J.C., superior 5 court, probate court, and district court 6 all in the same day, just running around 7 without any particular control over what 8 was going on. The only one I gave my 9 attendance' to lias the S.J.C.. The rest 10 of it was just showing up, showing up. I 11 couldn't do a very good job of it, and I 12 didn't. MR. CREEDON: 13 At this point, 14 Chairman, I think we have covered the 15 areas that he wanted to cover and will be 16 glad to answer any questions. CHAIRWOMAN GARGIULO: 17 All 18 right. Mr. Rosenfeld, do you have any 19 questions? 20 21 22 23 , 24 MR. ROSENFELD: Yes. CROSS-EXAMINATION BY MR. ROSENtELD: Q. Could you relate to the panel exactly what you did that you Tot suspended for? A. Yes. I had an estate that was left in PAGE 20 1 the office. My late partner had just 2 been appointed the judge of the district 3 court. He was somewhat older than I 4 was. I shouldn't say "partner." He had 5 been appointed to the judge of Brockton 6 Superior Court by Governor Sargeant, I 7 believe. He left a fairly large 8 practice, but he was going to be around , to help me get through some of the things 9 10 that I didn't do, such as the probate 11 business. He died before he got sworn 12 in. You got appointed on like a Monday. 13 About five weeks later he was going to 14 get sworn in, and that Monday night he 15 called me up, and we had bet a dollar on 16 the N.F.L. football game. He won. I was 17 going to buy him lunch. A half-hour 18 later somebody called me and told me he 19 was dead. I had this whole practice to 20 go through: His hole room was fiJaed , with file cabinets. I went thkz'otgh, and 21 r 22 most of it I could do. His practice was 23 similar to mine, but hallad a couple of 24 estates. One was a real old one, and PAGE 21 1 this one. 2 I didn't know what to do with it. I read 3 it. As I recall, it was a five-year, or 4 a provision to somebody who was 21. It 5 looked like it was five years away. I 6 really just read it and put it away and 7 said I'll deal with it in five years. As 8 time went by, I made a decision, well, I 9 haven't'll'ad a regal fee out of it, I'll 10 11 I just hung onto it, because take X number of dollars, and wrote "legal fee," and put it in my account. 12 I think that was the beginning Of the 13 end. I think that was an excuse that I 14 convinced myself that it was okay. And 15 from time to time I would do that, 16 thinking at any moment, well, I'll just 17 put it back and everything will be okay, 18 there won't be any harm, this is okay to 19 do. Obviously, it wasn't okay to do. 20 Q. How did You get caught? 21 A. Pali]. St. Amore was an assistank - bar y4' 22 counsel at the time. He4called me one 23 day and asked if I could come in, and I 24 did. He had a piece of paper, a letter, PAGE 22 1 I think, -- he told me close it up; 2 somebody was complaining about time I 3 guess that it took to close it up. I 4 charged the fee of 20 thousand dollars. 5 Where that fee came from, I'm going to 6 have to guess, and I have to guess 7 because I don't have the specific memory 8 that I may have asked some other counsel , how do you charge for these things and 9 10 they said charge a percentage of the 11 gross amount. It was two or three 12 hundred thousand dollars, and I finished 13 it. I think maybe some point later my 14 memory is that someone in California 15 wrote a letter to the Massachusetts Bar 16 Association wanting to know if 20 17 thousand was an excessive fee. I think 18 the executive director of the 19 Massachusetts Bar didn't correspond with 20 me at all. He sentit up to bar 21 and it started from there. 22 23 , 24 unsel, Q. How much money did you take from this estate? • A. What I have done is I have refused to PAGE 23 1 read the report of the Board, because it 2 kind of hurts, and it's embarrasing and 3 shameful, but I think the figure was 4 $68,000 during the course of it. 5 Q. Was the money paid back? 6 A. Yes, it was, before I had a hearing. 7 Except the Hearing Board ordered that I 8 9 pay the fee back, that I shouldn't take ,‘, the fee; And I 'did. I thought I made a 10 request of $3,000, and I paid that too. 11 Q. 12 A. That was going on when I was still Where did you get the money to pay back? 13 actively practicing. I got it out of my 14 practice. 15 Q. Okay. 16 A. In fact, I paid like $16,000 in interest 17 18 19 20 21 22 23 24 for filing their tax return late. Q. Now, your practice, you said, has been primarily criminal in nature? A. Yes, sir: . And primarily district court, lci'tboth , district and superior? A. As you might know, any ,ctiminal lawyer is going to have more district court work PAGE 24 1 than superior court. I did more 2 district. 3 Q. Did you do a lot of jury trials? 4 A. Oh, yes. 5 Q. Were they mostly in Plymouth County? 6 A. I would say mostly in Plymouth County. 7 Occasionally it would fall over to 8 Norfolk, or Bristol. Almost never in 9 Suffolk 10 11 12 Q. Do you intend to limit your practice to criminal cases? A. If there was such a way to do so I 13 would. I mean, if there was a way to do 14 that I would do that. 15 Q. Now, you said that you have read Lawyer's 16 Weekly or been looking at Lawyer's 17 Weekly. How else, if any other ways have 18 you kept abreast of -- Criminal law has 19 changed? 20 A. Yes. 21 Q. How long have you been suspended 22 A. Five years and seven months. I read 23 for example, I see the decisions that 24 come down in the criminal law, search and PAGE 25 1 seizure. I would go to the law library. 2 In fact, I had a key to the law library 3 at the Plymouth Superior Court. I would 4 let myself out whenever I wanted. I 5 would go to the courtrooms. Kevin 6 Remmington was a friend of mine. I 7 admire his work. I would watch him on 8 some occasions, because I know he would 9 be up-tO,,date. Something in that fashion. 10 11 Q. Have you ever taken any Massachusetts 12 continuing legal education courses? 13 A. No, I have not. 14 Q• 15 A. No. I have signed up to take the I mean since you have been -- 16 professional responsibility examination 17 in August, in North Dartmouth. I'm 18 scheduled for that. 19 20 21 Q. How have you prepared to do that? Have you taken a course in profession A. The American Bar Association IV'sAa 22 professional judicial conduct, and I am 23 studying that. I have reviewed that. 24 Q. Have you taken any other courses, other PAGE 26 1 than M.C.L.E.? Like, for example, the 2 public counsel offers programs, basic 3 courses for attorneys who are going to 4 take criminal cases? 5 A. No, I haven't. 6 Q. You haven't? 7 A. 8 Q. That updates people on all of the more 9 10 No. recent deCision's and all the changes. A. I think I'm fairly updated. I don't mean 11 to say that I'm perfect. The trial 12 practice hasn't changed much. 13 Q. What impact would it have, in your 14 mind -- the fact is, the legislature has 15 recently eliminated de novo. How would 16 that effect you as a criminal lawyer? 17 A. I think it would have a great effect on 18 the defendant. I would much prefer the 19 defense counsel to have two bites out of 20 the same apple. I was never a grf,at 21 appealer. I liked to win in tkliek'district 22 court, and I think I had.a pretty good 23 record in winning in the district court. 24 I didn't find a six-man jury to be the PAGE 27 1 most appropriate way to go. I thought, 2 through my experience, I could get better 3 results from district court judges than I 4 could ever get after a jury finding. So 5 to my way of thinking, I never had two 6 cases -- I never said, well, I'll charge 7 a fee in the district court, this won't 8 turn out too good, and I will have it 9 appealed, 'I would say out of all the 10 criminal work, district court, superior 11 court, six-man juries, the least I did 12 was the six-man jury. Do I think it 13 would effect my practice? If I were 14 practicing today, I don't think so. I 15 would think I would mostly have district 16 court work. You might bypass the lower 17 court these days. I use the lower court 18 in the tough cases for discovery more 19 than anything else. 20 Q. Do you think that you have enouglA 21 knowledge of the law at this ti 22 changes in procedures and. the changes in 23 the law to be able_ to TO into handling 24 criminal cases without 'any further course .and the PAGE 28 1 2 work or preparation on your part? A. I hope this doesn't sound terrible, but I 3 could do it this afternoon and feel 4 confident that my client would be well 5 represented. Q. Would you object if the Board were to 7 make a decision that you should be 8 reinstated but subject to taking certain 9 courses/.,i,. 10 A. I am in no position to object to 11 anything. My hope is to be able -- I'll 12 tell you, I have to live it down. I have 13 to prove that I am not what some people 14 may think I am. I'm not the easiest guy 15 to get along with. I never have been. 16 Lawyers on the other side of me generally 17 don't like me, at least during the course 18 of the litigation. That's okay. I don't 19 like them during the litigation either. 20 I would do whatever the Board thogght I kAk. 21 should do. s 22 A 0, N Q. Could you just -- I wantto look at your 23 questionnaire. Could you just explain on 24 Question 10 about the income situation PAGE 29 1 here. I'm not quite sure I understand 2 where you have under, "In prior years"; 3 what is that? 4 A. Prior law practice. Civil cases that 5 other lawyers send over, privy to that 6 year, none of them were fee generated. 7 Almost all of that were cases that were 8 being handled by other counsel. I did 9 very little on that. In fact, I would 10 say -- I didn't refer any of my cases 11 when I was suspended to a lawyer on the 12 basis that he would give me something 13 later on. 14 15 16 17 Q. You said you have six children. How old are they? A. My twin daughters are now 22, and my oldest daughter is 32, with five kids. 18 Q. Are any of your children still at home? 19 A. Yes. I still have one of my twins at 20 home, and my youngest son is stilaNat \A 21 home. Much to my wife's grin they are. 22 Q. You mentioned that you weren't as well 23 organized as you could have been, in 24 terms of your practice. I take it you PAGE 30 1 see yourself as a trial lawyer who says 2 point me in the direction of the next 3 trial? 4 5 6 A. Yes. If I never had to go to the office I would be happy. Q. How are you going to deal with that? 7 That's probably part of the reason you 8 got into trouble, I suspect? 9 A. There ith no question in my mind that that 10 is the reason. Hopefully, I have learned 11 from this that I can't do that, that I 12 can only handle what I can effectively 13 stay on top of and keep track of. I 14 brought one of my diaries, my last year, 15 for example, '87, I brought that in, just 16 to show that there isn't a day in here 17 where there isn't at least one, two or 18 three court appearances, and probably six 19 or seven appointments in the office. I 20 couldn't do it then, and I can't do it 21 now. 22 23 24 Q. How do you propose to make sure that you don't get in trouble doing that? A. By saying no. You have to say no to a PAGE 31 lot of people. It's that simple. I'm 2 not sure they are going to flock to me 3 anyhow these days. There is still going 4 to be the stigma that this guy is going 5 to steel your money. It's a small 6 community. That's the community I'm in. 7 I'm not leaving it. 8 9 Q. You said you didn't even want to have an office.':DO you foresee having an 10 office? I mean, you are not going to 11 keep track of things -- 12 A. I think I might associate with somebody. 13 Q. Do you have anybody in mind? 14 A. Yes, him. The man who I was associated 15 with before is still agreeable to give me 16 office space in exchange for consulting 17 with him. He is a younger lawyer who 18 doesn't have broad experience. 19 Q. Do you intend to take appointed cases? 20 A. Oh, yes.' 21 , Q. Do you realize when you take atire,appointed 22 case, if you want to get,paid you have to 23 fill out forms that have been 24 characterized as being very difficult, by PAGE 32 1 this Board and hearing committees, and 2 this Board among others, which I'm 3 familiar with, as you know? 4 A. I was telling him on the way in, for ten 5 years I took cases in the district court 6 and never charged because I didn't want to do the paperwork. I just did them. 8 If a judge asked, I did. I did superior 9 court jiirirH trials and never bothered to 10 charge because I didn't want to do all 11 that paperwork. I will learn to do it. 12 I did it after the last couple of years 13 or so. I never enjoyed doing it, but I 14 will learn to do it. 15 Q. I think, and this is just my own opinion, 16 so take it for what its worth. I think 17 that we do prosecute people who screw up 18 on the paperwork on public counsel. 19 There are forms that you have to fill 20 out. SeCondly, I guess I would 4ve a 21 concern about, while I underst4nd your •A ' 22 attitude about paperwork*and about point 23 me in the next directio4, because I felt 24 the same way when I was trying cases all PAGE 33 1 the time, I think there is an obligation 2 that any lawyer has, which is to make 3 sure that his paperwork is in order. I 4 think it's particularly of concern 5 considering what happened with respect to 6 this estate case. 7 A. I never had a problem with filling them 8 out in the past. I have done it for the 9 last twoto three years in the practice. 10 I had no problems with your office or 11 other offices on the paperwork. Nobody 12 said I was overcharging. If anything, I 13 under charged, I suspect. I would talk 14 to other lawyers less experienced and 15 find out what they were charging on a 16 case and I was horrified. Do I enjoy the 17 paperwork? No, but I would do it. 18 Q. How often do you go and observe in court? 19 A 20 That's hard to say. Not frequently. 21 Maybe siic to seven times a year , depending on a case that's upd,cwilether I 22 think there is something.in it that I 23 might learn from or people that I enjoy 24 watching try cases. District court more PAGE 34 1 frequently. I might go over when I have 2 nothing better to do. I enjoyed doing 3 that even when I was practicing. I would 4 enjoy sitting in there and watching. 5 6 7 MR. ROSENFELD: I don't have any other questions. CHAIRWOMAN GARGIULO: 8 Mr. Elias, you stated that you had a 9 fairly large practice and you really 10 didn't need the money at the time. Have 11 you thought out to yourself or sought 12 professional advice to get some handle on 13 why you would have taken the money if in 14 fact you didn't need it? 15 A. When I say I didn't need it, I didn't 16 have other money immediately available to 17 me, and probably with a little effort I 18 could have gone out and gotten money that 19 was outstanding. I don't want to mislead 20 you into thinking that I had plenx of 21 money. At that time it was a 'detssity, 22 at least in my mind, forbthe time being. 23 CHAIRWOMAN GARGIULO: 24 What did you do with your files, your cases that PAGE 35 1 you had? 2 A. Under the order of the Court I gave 3 notice to all of them that I was no 4 longer able to represent them and they 5 were free to get other counsel, and they 6 could either pick up the file or I would 7 have it sent to them. Many people came 8 in to pick them up. Many left them 9 there, as iar I know. I mean, when I 10 left I left. I haven't heard from anyone 11 since. Whether they came to the 12 office -- the other guy stayed there, and 13 I kept my secretary there for a little 14 while after. She is now working for 15 Sullivan & Worcester, I think. I didn't 16 hear anything more. 17 18 CHAIRWOMAN GARGIULO: Q. In the matter of Waldman's versus Kenneth 19 J. Elias, that was dismissed by the 20 Plaintifi Without any payment aft, 21 arbitration. Can you tell us kabut that .i• 22 case? 23 24 • A. There were three brothers involved in that case. They had two stores, one in PAGE 36 1 Rhode Island and one in Massachusetts, 2 linoleum stores. Two brothers in Rhode 3 Island were stealing money from the 4 brother in Brockton. He didn't know it. 5 He was out borrowing money. When he 6 found out, one of the brothers in Rhode 7 Island finally said to him, yes, you're 8 right, me and so and so have been doing 9 so and go;I:' He Went to the brother's home 10 who lived in Braintree. The brother just 11 bought a Cadillac. He took a big rock 12 and threw it through the windshield. His 13 brother brought him in on criminal 14 charges, and I represented him on that. 15 Then the brother went and hired Monroe 16 Inker's office and started to bring an 17 action for damages there and got 18 injunctions against the Brockton store 19 and all that sort of business. The Court 20 appointed a keeper, Arthur Murphywho 21 ' was a retired superior court Olerk, to 22 oversee the Brockton store. By now one 23 of the brothers in Rhodp"Island had 24 become friends with my brother here, and PAGE 37 1 they were both trying to stick it to this 2 guy. 3 CHAIRWOMAN GARGIULO: 4 become friends with the brother that was 5 your client? 6 Had A. Yes. They kept violating all the Court 7 orders. They paid no attention. The 8 keeper kept calling me and telling me 9 that they were going in and out, taking 10 materials, moving it to another store 11 that they opened in Seekonk. I would 12 talk to them and they would pay no 13 attention to anything I said. Then the 14 judge, I think it was Andrew Gilmire, he 15 got very upset. He began to schedule 16 hearings on Friday afternoons all over 17 the place to try to -- I don't know why. 18 Whether he was trying to irritate them or 19 whatever, but he did. They wouldn't go. 20 I had hearings in Salem on a Fridp.x 21 afternoon at two o'clock. Theouldn't 22 go. They would tell me to go. .1 said 23 no, you have to go. They wouldn't go. 24 They scheduled one in New Bedford on a PAGE 38 1 Friday afternoon in June. They wouldn't 2 go. In my judgment, all they were 3 interested in doing was buying enough 4 time to get everything out of Brockton 5 into Rhode Island. They did. When they 6 finally did that they disappeared on me 7 I would write to them to come in, "We 8 have to go to court." They absolutely 9 refusedt finally went into default. 10 Then I think they read in the paper about 11 what happened to me and they said, hey, 12 here's our chance. I think they probably 13 lost this case then. I don't know. 14 CHAIRWOMAN GARGIULO: So the 15 company owned by the brothers who were 16 not your clients sued you for what? 17 A. No. My clients are the ones that were 18 suing me, saying you shouldn't have been 19 defaulted, you should have showed up. 20 21 22 CHAIRWOMAN GARGIULO: should have showed up where? You •,z'\ A. I think it was in New Bedford, in July, 23 at two o'clock. That w.a's the 4th or 5th 24 time. They said, I don't care. I got PAGE 39 1 Ben Cerilly, a Rhode Island lawyer. He 2 said, don't worry, they are in Rhode 3 Island, nobody will touch you. We 4 started suit, I guess. They went to 5 arbitration. He pretty much said to the 6 arbitrator that the only desire was to 7 delay long enough so they could get all 8 this stuff out of here and that they 9 really liad'no interest in it. From what 10 I understand, their lawyer decided that 11 there wasn't anything further to pursue, 12 and it got dismissed. 13 CHAIRWOMAN GARGIULO: Tell us 14 about the case of Smith versus Kenneth J. 15 Elias? 16 A. We bought some real estate from him back 17 in 1976, me and three other people, and 18 in 1987, after he read it in the paper, 19 he decided that we didn't pay him enough 20 and he wants more money. That is . , pending; and he is dead. 21 22 CHAIRWOMAN GARGIULO: That had 23 nothing to do with your., legal 24 representation? That was a business PAGE 40 1 2 deal? A. Right. He has died since then. The only 3 legal case was the Waldman's. I never 4 heard from anyone else. 5 CHAIRWOMAN GARGIULO: 6 means did you notify Mr. Aiken about your 7 petition? 8 9 By what A. I believe that -- I had prior counsel that hactsi'O withdraw, because I guess he 10 is a member of the Board, Kevin 11 Remmington. I think he sent him a 12 letter. At least he said he was going 13 to. 14 CHAIRWOMAN GARGIULO: 15 not seen a copy of the letter? 16 17 You have A. No. Does the answer say that he sent him a letter? 18 MEMBER GORDON: Number 6: "I 19 have notified Mr. Joseph Aiken by first 20 class mail'of my intention to file\,for 21 reinstatement. My question is 22 23 24 ho is 1 Mr. Aiken? A. Oh, he was the juvenile,'who was entitled to all of the money in the estate. PAGE 41 1 MEMBER GORDON: Okay. 2 MR. ROSENFELD: He was 3 required to notify the person who was 4 effected. 5 MEMBER GORDON: 6 we heard from Mr. Aiken? 7 MR. ROSENFELD: No. 8 MEMBER GORDON: Is that usual 9 that yoti3Ould not hear? 10 MR. ROSENFELD: 11 estate is paid back you don't hear 12 anything. 13 MR. ELIAS: Right. Have When the Actually, in this 14 case it was just a legal fee that was 15 ordered to be paid back. 16 CHAIRWOMAN GARGIULO: 17 these, the ones that you have filed with 18 us, are all the lawsuits against you? 19 There is nothing else pending against you 20 by any fOrther client, or anyone ee? 21 22 23 24 A. No. So V' 1 MEMBER BRINK: I have a couple of questions. Q. (By Member Brink) Mr. Elias, Bar Counsel PAGE 42 1 has indicated that there are substantial 2 changes that have taken place in the law 3 and in the practice of law and with the 4 laws governing trial practice, since you 5 were suspended. You have testified, to 6 some extent, the things that you have 7 done to try to keep up with that 8 changes. Did it ever occur to you that 9 it mighbe helpful if you were to get 10 permission to act as a paralegal so you 11 were actively involved in activities that 12 were like practice? 13 A. I don't think that would be helpful to 14 me, my nature being what it is, to be a 15 paralegal. I don't think I could 16 function that way or be of any value to 17 anybody, frankly. 18 Q. Is there anything else you did to keep 19 your practice skills up? I think you 20 testified that you could go try aase 21 this afternoon. A 22 A. I think that most of the,criminal trial 23 work is trial technique„-- forgive me for 24 that. I don't mean to say there is no PAGE 43 1 substance to it. There is. We all know 2 what it is. It's a simple matter to open 3 up a law book and see what the elements 4 are and to gather the evidence and decide 5 where there is a weak spot or where there 6 isn't a weak spot and which way you 7 present a defense. So the technique 8 hasn't changed, but the law changes all 9 the tim6,.- EveM when you are an active 10 practitioner, there is no requirement 11 that you stay current. No one knows 12 whether you know what you're doing or 13 not, until you get maybe suspended and 14 then somebody says do you know what 15 you're doing, shouldn't you go and get 16 educated. I don't have an argument with 17 that. If your wisdom is that I ought to 18 do something beyond what I have done, 19 I'll accept that. I don't have an 20 argument with that. I think that\A am 21 capable of doing most of it tdday 22 probably wouldn't take on an involved 23 conspiracy at the momemt, or something of 24 that nature. Although, I think the PAGE 44 1 average criminal case I could probably 2 handle. 3 4 indicates that the misconduct which 5 resulted in your suspension involved 6 taking of some $68,000 out of an estate 7 and converting that to your own use. In 8 answer to one of the questions in the 9 questiorinire here you have indicated 10 that you attribute in some way your 11 difficulty to lack of attention and 12 carelessness and a practice that was out 13 of control. Are you suggesting that that 14 explains why you actively removed money 15 from an estate? 16 A. No, I don't intend that to be an excuse. 17 I don't have an excuse. 18 MEMBER BRINK: 19 20 That's all I have. CHAIRWOMAN GARGIULO: ,Mything 21 else you would like to bring tki-tSur 22 attention, Mr: Creedon? 23 , Q. The record and your own testimony 24 MR. CREEDON: Only before closing, that we have all of the items PAGE 45 1 submitted. 2 CHAIRWOMAN GARGIULO: 3 check the file before you leave. 4 MR. CREEDON: You can By way of a 5 closing, if that's allowed, I will do 6 that. I would initially tell the Board 7 that I have known Kenneth Elias since 8 1968. I was recently out of B.C. Law, 9 spent time in the Marines, and ran for 10 state representative, and had a campaign 11 headquarters where he had his law office, 12 in the same building. I have known him 13 since that time. I initially practiced 14 with Ken until a couple of my younger 15 brothers also became lawyers, and we went 16 out on our own. I have been close to him 17 over the years, and just as George Hurd 18 as indicated, Judge Cris Byron, we have 19 had the chance to practice with him and 20 observe 21 would be capable of doing it Lti'aht now, 22 were I a criminal defendant, I would hire 23 him this afternoon. He, was zealous. He 24 was dedicated. Let me just say, from my In response to whetlier Ken PAGE 46 1 own personal experience in the district 2 courts, especially today, there isn't the 3 zealous, dedicated, aggressive defense 4 work that he always did, that he is today 5 capable of, being done in the district 6 courts. That's a deficiency. I'm in 7 those courts a good deal. I see people 8 billing clients for operating under, 9 A&B's, Cliging fees that were frankly I 10 feel too much for what they do and too 11 much for their competence. If anything, 12 this guy took too many clients and under 13 charged and never had a very good billing 14 system. 15 When you look at this petition 16 you are going to see people who signed 17 it, all of whom would have come in here, 18 from the mayor to the superintendent of 19 schools, chief of police. Every 20 prosecutOr'in those courts where he k N, 21 worked, although he fought wit* them 22 constantly, would come in and endorse 23 this fellow's reinstatement. He is a 24 decent guy. What sometimes bothers me `e PAGE 47 1 about fellow members of the Bar, he 2 wasn't a guy to drive a Mercedes, or have 3 a Rolex watch, or have fancy houses or 4 cars. I don't think he ever bought a new 5 car. He has lived in the same house for 6 25 plus years. He has a lovely wife and 7 six kids. He was a hard worker. As he 8 indicated himself, probably poor on 9 billing didn't care much about 10 that. In fact, I remember one time him 11 telling me if I could really do it my way 12 all I would do is try cases and let 13 somebody else do the office work. 14 I would suggest to the panel 15 that if you saw fit to reinstate him, he 16 would end up back practicing criminal law 17 in the district court and a little in the 18 superior court in Brockton, but not 19 running all over the world, which is what 20 he was dOing back when he was 21 practicing. 22 On the question of moral 23 qualifications, we havesubmitted from 24 his own pastor a letter, that he has been PAGE 48 1 a decent guy. He coached Little League. 2 He always helped out when he was 3 president of the Plymouth County Bar 4 Association. He put a ton of work into 5 that, work for which he never made a 6 dollar. With young lawyers, he spent a 7 lot of time teaching them trial 8 technique. He always had plenty of time 9 for kidust coming up. I don't know if 10 members of the panel practice a lot of 11 criminal law, but what we generally do is 12 we get a police report, we do our 13 discovery, and we determine whether the 14 Commonwealth can in fact prove their 15 case. He was aggressive in his defense 16 work. I'll never forget George Hurd, one 17 of the judges who sent a letter in on 18 Ken's behalf. We had a trial in the 19 district court. Ken had won. It was a 20 fellow wfio'waa-an accountant who went to 21 law school nights and was new.0- 1-ie once 22 told me it's a lot like playing goalie, 23 we are here trying to keep the evidence 24 out, and if we do, at. the close of the PAGE 49 1 hearing we walk out, asking no 2 questions. The case went in. Pescatelli 3 sat there, I sat there, Elias sat there. 4 We felt nothing was coming in. Well, the 5 new fellow, because of the program he 6 started, he was in representing one of 7 the clients, he started representing one 8 of the clients and started putting the 9 case for,,.Lhe D.A., and Judge Schwartz put 10 the trial handbook, you know, in front of 11 his face and looked at us and made a 12 face. Ken was quick enough to stand up, 13 without embarrasing the fellow, saying, 14 "Judge, can we have a brief recess." We 15 went outside, and in a very nice fashion 16 he said to that lawyer, "You know, you 17 have asked a few questions, I think at 18 this point if we are all in agreement we 19 will rest; we will move for not guilty." 20 He did i in a nice fashion, and ,e; went 21 in and the four defendants waDicea out of 22 there with not guilty. He is very 23 competent. Again, I'm „reiterating, if I 24 were a defendant, I would hire him PAGE 50 1 today. I think it's a bond technique to be an advocate. If you are going to 3 perform before a judge or a jury, it's 4 something that's very difficult to 5 develop. You either have it or don't 6 have it. The academic side of it, 7 looking up what is the state of search 8 and seizure law as regards glove 9 compartments of automobiles, we all can 10 do that. It's a question of how we 11 handle witnesses on the stand and how we 12 perform before either a judge or jury. I 13 think this guy can turn around and do it 14 tomorrow. I think what he said to you, 15 he has learned from this. I remember, as 16 you know, those of us who do trial work, 17 we operate out of this thing and the one 18 in our pocket. I'll never forget him 19 20 telling me that day, I have to be in , district court here, somewhere ele, and 21 he had to be before the 22 criminal appeal. I said; "You are going 23 to be in Calvary Cemetexy before too 24 long. He didn't make the cemetery, but a PAGE 51 1 he made the Board of Bar Overseers. I 2 know the man. I think he has learned 3 from that. I think if the panel saw fit 4 to reinstatement him you would see him 5 practicing either in my office or with 6 someone else. I don't think there is 7 anybody in this state more competent to 8 do that. He is doing the work that a lot 9 of people 'don't want to do. That kind of 10 work doesn't generate big fees, but it's 11 the kind of work that he is good at, and 12 there is a public need for lawyers like 13 Ken Elias. 14 Again, I can bring in bus loads 15 of people who would endorse his 16 reinstatement. Thank you. 17 18 19 CHAIRWOMAN GARGIULO: Anything you want to add, Mr. Rosenfeld? MR. ROSENFELD: I have no 20 objection to a recommendation of, 21 reinstatement. I am concerned0abOut 22 several things, however...-:As much as I 23 respect people, many of.Thom I have 24 known, who just like to go out and try PAGE 52 1 cases, the world has changed since you 2 could do that. I was there during part 3 of that change. I remember when I first 4 started, that's what you did. You went 5 out and tried them, and you really didn't 6 have to prepare a hell of a lot. You 7 knew how to cross-examine, and you knew 8 what witnesses were, and you knew the 9 judges. .there Was a certain way that a 10 lot of people who practiced criminal law 11 practiced it, and very well. It has 12 changed over the twenty years that I was 13 doing criminal law, and it's different 14 now. It's different now in the sense 15 that the burdens have changed, the law 16 has changed, the procedures have 17 changed. The emphasis on knowing the 18 elements and knowing the proposed 19 instructions, all of that is new, and 20 very impOrtant in terms of the prActice 21 of criminal law. While to a ciartain •,'“ 22 extent being out and still just trying a 23 case in the district cop.rt, it isn't that 24 simple. I would be concerned, and I am PAGE 53 1 concerned that Mr. Elias feels that he 2 can go out and do that again this 3 afternoon, because I'm not sure that, 4 even though he might provide minimum 5 representation, I think his reputation as 6 lawyer is that he always did a lot more 7 than that. I know that he would probably 8 want to do a lot more than that. For 9 that ream I wCuid suggest to the panel 10 that they consider at least, whether he 11 thinks he needs it or not, that he be 12 required to take either some M.C.L.E. 13 course and get re-introduced to what the 14 criminal law and procedure is now and in 15 a more formal way. There are programs. 16 M.C.L.E. has programs; basic counsel has 17 programs. He really should participate 18 in that type of a program, if that's what 19 he is going to do, because they will go 20 through What I think the fundamenals 21 are. The fundamentals can't 1:04' ignored, 22 in terms of coming out and practicing 23 again. I say that as spmeone who has 24 gone to some of these programs after PAGE 54 1 practicing for a long time and found them 2 to be invaluable. 3 Secondly, I'm concerned about 4 his past practice of trying to be in too 5 many places at one time and keeping good 6 records. To a certain extent, I think it 7 contributed to his getting into the 8 situation he did in the first place. I 9 would, at''least' for a period of time, and 10 I would say for at least a couple of 11 years, I think Mr. Elias should have to 12 have his books and records checked either 13 by some independent monitor, or some 14 other person, or our office, or somebody, 15 at least to make sure that he is not 16 getting overloaded, Number 1. Number 2, 17 that he is keeping track of his financial 18 situation and doing proper billings and 19 taking care of those types of things. 20 Third, I'don't know whether the Board 21 would want to do this, to suggid-st to him 22 that he limit hispractice in some way, 23 either in criminal law or in terms of not 24 taking an excessive number of cases, or PAGE 55 1 both, because I think that's important, 2 especially when he gets underway. It's 3 not hard to take on too much too soon. I 4 think that's something that he ought to 5 be concerned about and I think the Board 6 ought to be concerned about. Number 4, I 7 think while he said that he intends to 8 associate with someone, I think that 9 really Ought to' be a requirement, as far 10 as his practice is concerned, because I 11 think that addresses some of the other 12 issues that I have already raised, that 13 there is somebody else to whom at least 14 he can relate and who is going to be 15 responsible also for what actions he 16 takes. Other than that, I think, you 17 know, his list of people who have signed 18 his petition certainly reflects an 19 impressive array of people in the 20 communitar in which he practiced, knurly of 21 whom I know and respect. I amkfitilly 22 aware of his reputation as a criminal 23 lawyer, which is very good. I'm sure he 24 can come back and practice effectively PAGE 56 1 with those kinds of conditions placed on 2 him. Those are what I suggest be the 3 recommendation of the panel. 4 CHAIRWOMAN GARGIULO: 5 you. I do have some concerns along those 6 lines, Mr. Elias. I'm someone else who 7 started practicing law twenty years ago 8 when you were the star of that style of 9 practice, and I' to have become chagrined Thank 10 at the amount of paperwork involved. One 11 of the things you are going to have to do 12 in order to do a first-class defense, as 13 Mr. Creedon knows, is file the proper 14 motions, or you could be in for a 15 malpractice suit. File written request 16 for instructions. All of this requires 17 somebody who types, somebody who is up on 18 the latest request for instructions that 19 go with that particular case. A good law 20 office has that on boiler plate and has 21 it almost down to the system. 22 don't have the advantage of that kind of 23 institutionalized backup, you are going 24 to get yourself in trouble. I would like you PAGE 57 1 to see, at least on my part, I can't 2 speak for my colleagues, some kind of 3 proposal -- I know you have a lot of 4 friends and people who want to support 5 you -- some kind of proposal that would 6 put you in a situation where you have at 7 least one young person available to you 8 It doesn't have to be your full-time 9 employee. 'Someone that you can turn to, 10 someone just out of law school, whatever, 11 who can give you that kind of backup and 12 support that all attorneys today need and 13 have to turn to for those little legal 14 paperwork projects, as well as some 15 secretarial support to keep track of your 16 obligations on clients funds and your 17 accounts billing. You don't want to get 18 involved in that if you're not good at 19 paperwork. That would free you up. I 20 agree that it would be invaluablesto you, ,\ 21 as it would be to any one of 22 room, to take an M.C.L.Er course, as we 23 all do from time to time', when one 24 becomes available, and perhaps maybe the this PAGE 58 1 law office management course. 2 3 MR. ROSENFELD: That's in October. 4 CHAIRWOMAN GARGIULO: 5 October there is a law office management 6 course. Excuse me for one moment. In 7 (Board confers.) 8 CHAIRWOMAN GARGIULO: 9 right. 'Di'd you have any response to what 10 11 All Bar Counsel has said? MR. ELIAS: I don't have any 12 problem with re-educating myself. 13 never liked to not know more than the 14 other guy. I have always prided myself 15 on being able to encounter anything that 16 came up. I don't intend to be completely 17 up-to-date. I'm not. In fact, I had 18 offered, maybe this is off the point, a 19 year ago to do this for nothing. I said 20 just let 'me do• it for nothing. I, will go 21 work with the Mass. Defenderswill 22 volunteer my time in their office, I'll 23 learn what I'm doing, L!'ll go into court, 24 as much as I hated it, I said I'll even PAGE 59 1 do it for the district attorneys. They 2 told me I can't do that. 3 CHAIRWOMAN GARGIULO: 4 problem is, even if you get your license 5 back, if you work for nothing you can get 6 in just as much trouble. It isn't the 7 fact that you're being paid that puts you 8 in jeopardy. MR. ELIAS: 9 The I wouldn't have 10 any problem with taking necessary 11 courses. 12 CHAIRWOMAN GARGIULO: 13 about getting the institutional structure 14 to back you up? 15 MR. ELIAS: What I would hope to go 16 to work not as an employee, but to 17 associate with an existing ongoing office 18 that would have all of that. I think I 19 can do that. 20 21 MEMBER BRINK: Do you l'Ave , anybody in mind? 1 22 23 24 MR. ELIAS: I*would say Phillip Masarelli for no*. MEMBER BRINK: I think what we PAGE 60 1 are looking for is for you to come back 2 with some proposal that we would find 3 acceptable as to who you were going to 4 work with, and the conditions in which 5 you were going to work, so that we could 6 be assured that you have the backup that 7 we think you're really going to need in 8 order to be effective. IAS 9 It would have been 10 presumptuous of me to have done that 11 before I came here. I will be happy to 12 tell you what I think I'm going to do, if 13 you allow me to. 14 MR. CREEDON: We will reduce 15 that to writing within a week. 16 MR. ELIAS: I have already 17 spoken to Phil Masarelli. He has a young 18 fellow who just passed the Bar less than 19 a year ago that he wants to keep busy. 20 There is'a lady lawyer in there tIviat is 21 fairly new at it, and there iskqohillip. 22 I would think that wouldthe a great help 23 to me, and I to them. 24 CHAIRWOMAN GARGIULO: In terms PAGE 61 1 of the Bar Counsel's suggestion that for 2 two years you have your books and records 3 checked by an independent monitor, or by 4 Bar Counsel, would you have any problem 5 with that? 6 7 MR. ELIAS: No. I would welcome it, as long as it's free. 8 CHAIRWOMAN GARGIULO: 9 Thank yduç.verymuch. We will take this 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 under advisement. Okay. PAGE 62 1 2 3 COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX CERTIFICATE OF REPORTER 4 5 6 7 8 9 10 11 12 13 14 15 16 I, Lisa E. Lampert, Certified Shorthand Reporter and Notary Public in and for the Commonwealth of Massachusetts, do hereby certify that the foregoing hearing of KENNETH J. ELIAS was taken before me on July 13, 1993. The said witness was duly sworn before the commencement of the testimony; that the said testimony was taken stenographially 'by myself and then transcribed. To the best of my knowledge, the within transcript is a true and accurate record of said testimony. I am not connected by blood or marriage with any of the said parties, nor interested directly in the matter in controversy. IN WITNESS WHEREOF, I have hereunto set my hp t ,th,Lsh day of August, 1993. ( Al Public Lisa E. Lampert, CSR 17 18 19 20 21 22 23 24 PLEASE NOTE: THE FOREGOING CERTIFICATION OF THIS TRANSCRIPT DOES NOT APPLY TO ANY REPRODUCTION OF THE SAME BY ANY MEANS UNLESS UNDER THE DIRECT CONTROL AND/bil DIRECTION OF THE CERTIFYING REPORTgk, A' 1 JUDGE FRANCIS P. MURPHY 28 FAIRVIEW AVE. BROCKTON, MA 02401 July 12, 1993 Board of Bar Overseers 75 FEderal Street Boston, MA 02110 Attention:AttOrney- Michael Fredrickson Re: In the Matter of Kenneth J. Elias Supreme Judicial Court No. 87-26-BD Petition for Reinstatement Dear Sirs: ' I have known Ken Elias for. over 25 years. I tried cases with him as an adversary in the years I was in private practice. After my appointment to the Bench, he appeared before me on Scores of occasions. He appeared to have a very heavy and diverse case load. Ken was always most respectful of the Court and of its place in our system. He was always prepared and rigorously represented his clients. I feel certain that his resumption of the practice of law would not be detrimental to the integrity and standing of the bar: (Ken in fact served as President Of the Plymouth CounWar Association being elected in the first contested election in over 100 years). The public interest, I believe, would be served by his resumption of practice. He undoubtedly has the skills and knowledge required for the practice of law. He also possesses the moral qualifications necessary to serve the public. Ver 2-truly yours . FPM:SG 14 --?--( ---e-z—e ..4""4' dge Francis P. Murphy (R t. fiETE5 a atom:LE Catfiori,c at.zzcfi P.O. Box 2567 Brockton, Massachusetts 02405-2567 TELEPHONE: CHURCH LOCATION: (508) 586 - 1428 343 N. Main St., Brockton TELEFAX: RECTORY LOCATION: (508) 587-8139 10 Lebanon St., Brockton July 10, 1993 Atty. Robert S. Creedon Jr. 1 Center St. Brockton, MA 02401 Re: Kenneth Y. Bias Dear Atty. Creedon, I have known Kenneth Bias and his family for approximately 10 years. Ken and his family are registered as members of St. Theresa Parish and at times has helped in our programs for the needy at Thanksgiving and Christmas. Ken has always been willing and available to help when called upon for any need the parish may have. He is presently involved helping to sponsor a fund raiser for the parish. I have had no reason to question his integrity and moral character and thus recommend him to you. Sincerely, --t,r7a7/4 Rev. David M. George Pastor NUTTER, McCLENNEN & FISH ROM F. 28 • 1185 FAL MOt:TH ROAD P.O. BOX 1630 HYANNIS, MASSACHUSETTS 02601 TELEPHONE: 508 790-5400 FACSIMILE. 5-08 7-1,8079 DIRECT DIAL NUMBER. July 12, 1993 BY TELECOPIER 1-617-357-1872 Board of Bar Overseers 75 Federal Street Boston, MA 02110 ATTN: Michael A. Frederickson, Esq. RE: In Matter of Kenneth J. Elias Supreme Judicial Court No. 87-26-ED Petition for Reinstatement Dear Mr. Frederickson: I am writing to support the reinstatement of Kenneth J. Elias as a member of the Massachusetts Bar. I have personally known Ken Elias for approximately twenty (20) years, with numerous opportunities to observe his performance as a practicing trial lawyer. During my tenure as an Associate Justice of the Superior Court, Ken appeared before me on numerous occasions, both in criminal and civil sessions, always being well-prepared, enthusiastic and revealing an extraordinary sense of practicality. Although,I am not aware of the details rela,ti.ng to his suspension, I found Ken to be forthright, hondSV \ diligent and competent, both on a personal and professional level. BOSTON, MASSACHUSETTS COUNSEL AMSTERDAM • LONDON • TOKYO NUTTER. McCLENNEN 4.4( FISH Board of Bar Overseers July 12, 1993 Page 2 Of note, Ken appeared before me as primary defense counsel in a number of serious criminal matters, including murder prosecutions, representing his clients with intelligence, vigor and dedication. With appreciation for his advocacy skills, I had appointed Ken to represent many indigent defendants, with full confidence that he would diligently, ethically and competently represent their interests. I have no reservations regarding Ken's qualifications to return as a member of the Massachusetts Bar, and I personally believe that his reinstatement,would prove to be of marked benefit to the public interests. If I can be of further assistance, please be at liberty to contact me. With best regards, I am, ncerely yours, 61-6 August AFWjr/sr 3677S F. Wagner, ‘ Y (5,-a741&I t delg: t.:41= c_,4, >/"."//./ ,m/ r j'/O: ERNEST A. VESPERI ATTORNEY IN CHARGE ,e!!! 6L' TEL: (508) 583-5316 FAX: (508) 587-9855 Atty. Kevin Reddington 1342 Belmont Street Brockton, Massachusetts 02401 April 12, 1993 Re: Kenneth Elias Dear Kevin: I understand that you are representing Mr. Elias in his effort to be reinstated as a member of the Massachusetts Bar. This letter is in support of that effort. I have known Mr. Elias since 1963 when we both worked as insurance investigators. In fact, Mr. Elias took a role in my training for that position. When Mr. Elias was in practice, he did much of his work in Brockton District Court and Brockton Superior Court. Accordingly, Mr. Elias and I have become good friends. In the early stages of my legal career, Mr. Elias was most helpful. He was always ready to answer questions for myself and members of my staff. More important, he brought a good sense to handling and peop1 4, in ciP.114,.rA1.Mr Elias represented many police officers and some judges personally. This relationship helped myself and my staff establish rapport with the police. case.E and ce1±ng with police Mr. Elias had a pragmatic and practical way\cif handling things. He was a role model. for me; and tos this day I This is not to tak'e'' Away from his probably emulate him. scholastic side. He graduated as number one student academically at Boston College Law School; and I feel it was always his mental prowess that enabled him to handle cases as efficiently as he did. I hope this letter is helpful. information from me, feel free to ask. If you need other Atty. Kevin Reddington Page 2. April 12, 1993 I an, thanking you in advance, Very truly yours, YJI/10,..OT i) U-UNQD-LA Ernest A. Vesperi Committee for Public Counsel Services EAV/mr CC: Kenneth Elias 77 Burkeside Avenue Brockton, Massachusetts 02401 TO: BOARD OF BAR OVERSEERS RE: REINSTATEMENT PETITION OF KENNETH J. ELIAS We, the undersigned, based on personal knowledge, believe that Kenneth J. Elias' reinstatement will not be detrimental to the integrity and standing of the Bar, Administration of Justice or public interest. We further believe that he has the moral qualifications, competency and learning in law required for admission to practice law in the Commonwealth. ( 40) 0 (Th 0 0 di la) irod/ ° C/(1 r C r C/ii 1"41-' Co •147- 0 f -i• ;4E1 vplypelart coot7 CIA _QyyL c C /y o,4" (In) 420 (vere,k, _ c4,k. May/$71 adeZ-iy,) /As ,czat„ 564-te Sei /7t 7. 1 2.41404,(f 7/) 2t.e.ut)-WeLp64-.€) 4 '1\kOLAiN ouAA e2A;(9.6twi, ck,czA qc CITY OF BROCKTON MASSACHUSETTS PARK DEPARTMENT 252 CRESCENT STREET 02402 TELEPHONE (508) 580-7860 April 12, 1993 To Board of Overseers Re: Reinstatement of Kenneth J. Elias Please be advised that for the past several years, the City of Brockton Park Department has been the sponsor. o'a city wide Junior Golf Tourament. For the past four years Ken Elias has arranged for the use of the Wedgewood Country Club, which has improved the quality of the tournament by allowing the young golfers the opportunity to play at two different courses. Ken Elias has personally assisted the Brockton Park Department with the scheduling of tee times and making sure that all the youngsters were well fed. If you have any questions please do not hesitate to call. Very truly yours, JJD/bc /John J Dorgan, Jr. L,,./Superintendent of Parks igrorktort .rttiurB Atuatrur (u11 ADBoriation ESTABLISHED 1 9 6 1 17 Cambo Street Brockton,MA"02401-5862 Friday, April 9, 1993 TO: BOARD OF BAR OVERSEERS RE: REINSTATEMENT OF KENNETH J. ELIAS Ken Elias has given freely of his time and energy to enable the Brockton Seniors Amateur Golf Association to sponsor a yearly golf event. The event, through efforts of people such as him, is free golf on different courses for a two day period. The tournament has been a huge success. Ken has assisted us for the past 5 or 6 years even though he is ineligible to participate. Sincerely yours, 1 , 77 ‘ ELDON M. GAMMONS, JR. PRESIDENT/SECRETARY 508-583-1828 CHRIS BYRON 119 DEXTER LANE ROCHESTER, MA 02770 (508) 763-3898 119 Dexter Lane Rochester, MA 02770 June 29, 1993 TO THE SUPREME JUDICIAL COURT RE: Kenneth Elias I am unfamiliar with any of the facts that led to the suspension of Kenneth Elias from the practice of law .and am, therefore, unable to comment in that regard. However, I have known Mr. Elias, since he first began practicing law in the City of Brockton. I still remember our first meeting during a trial of a gas explosion case in the Superior Court before the late Justice Francis Lappin. Although relatively inexperienced he conducted himself with professionalism, and it was apparent to me that he would become a successful and able practitioner. Later, after my appointment to the judiciary, Mr. Elias appeared before me on numerous occasions in a variety of civil and criminal cases. He was always prompt, prepare& courteous, knowledgeable, and zealous in representing his clients. During the years that I have known Ken Elias I have never known him to be deceitful or untruthful, and I have never heard anyone speak disparagingly of his ability or his character, Apart from the circumstances that led to his suspension, in my opinion, he was a credit to the legal profession. He deserves another chance. Very "uly ._, urs,. CHRIS1.1372,RON RETtIOD JUSTICE SUPERIOR COURT IcBridgefxrater 7g- .Tivat5 nub June 18, 1993 Kenneth J. Elias 77 Burkeside Avenue Brockton, MA 02401 Dear Mr. Elias: The Bridgewater Lion's Club at the most recent meeting of the Board of Directors unanimously voted to recognize you for your outstanding contributions to our efforts with raising funds for the Eye Research Foundation. Through your help and assistance we have raised over $20,000.00 in the past six years for our charitable purpose. Your generosity in arranging for our use of Wedgewood Country Club for fundraising purposes is greatly appreciated. Yours truly, Past esident Board o--Directors- Member 0 GEOGAN GEOGAN P. C. 379 UNION STREET POST OFFICE BOX 313 ROCKLAND, MASSACHUSETTS 02370 TELEPHONE 617-878-6600 HON. FRANCIS J. GEOGAN 1906 -1952 ROBERT J. GEOGAN 1947-1978 F. JOSEPH GEOGAN 11 ROBERT E, SHALGIAN PAUL L. CUSICK, JR. ROBERT T, LOONEY TELECOPIER, 617-871-8786 June 17, 1993 To Whom it May Concern: This letter is written :Oh behalf of Mr. Kenneth Elias with reference to his Petition to be readmitted to the Bar of the Commonwealth of Massachusetts. I have known Mr. Elias for approximately 20 years and have found him to be an outstanding man who possesses great legal qualifications. Mr. Elias was well respected not only in the legal community, but in and around the city of Brockton. I believe that Mr. Elias has the moral and ethical qualifications to be an outstanding member of the Bar of this Commonwealth, and I would respectfully request that you allow his Petition for reinstatement. Very :_t.ruly yours, Paul L. Cusi 'Jr, Jr. Geogan & Geogan, P.C. PLC:kw Hon. George N. Hurd, Jr. 189 Canton Avenue Milton. Massachusetts 0218(:, 617-698-2849 July 6, 1993 Board of Bar Overseers 75 Federal Street Boston, Massachusetts 02110 Attention: Michael A. Frederickson, Counsel Re: In the Matter of Kenneth J. Elias Supreme Judicial Court No. 86-26 BD, Petition for Reinstatement Dear Members of the Board: This is offered on behalf of Kenneth Elias, who seeks reinstatement as an active member of the Bar. I first met Ken Elias when I was assigned as an Associate Justice of the District Court of Brockton. Commencing in March 1973, he appeared before me almost daily representing defendants in the cri. ,inal session and also carried on a busy civil trial He also appeared before me less frequently in the practice. Superior Court criminal and civil sessions held in Brockton. Ken Elias was respected by all of us involved in the criminal justice system. He was competent and a fine advocate. He was Despite a heavy case load, he was always always prepared. punctual. I was, •and am, personally fond of Ken. He was caring and compassionate in representing his clients, and was always a pleasant addition to the hectic sessions in the District Court. I am wholly unaware and unfamiliar with what occasioned disciplinary action which befell Kenneth Elias. I am sure it had a devastating effect on this proud man. I am sure he suffered a great deal and has taken to heart the censure of peers. the has has his I am hopeful that Kenneth Elias will be reinstated. He is capable and dedicated. I' believe he will, in the .future, be a credit to, and a working member of, the Bar of MassacLIsetts. Thank you for your consideration. Very truly yours, Ge GNH/reb e . Hurd, jr. ice of Superior Court, Retired Law offices of 17_7 ,Inu 2 TO 2Th1Tho (Q P. ATTORNEY AT LAW 21 Cocasset St., Foxboro, Mass. 02035-2988 • Foxboro: 508-543-4444 • Boston: 617-361-2800 Harold Cohen James A. Kelley John M. Glynn, also a Certified Public Accountant July 1, 1993 Board of Bar Overseers 75 Federal Street Boston, MA 02110 _TNPUWN1 )1 Attention: Attorney Michael Frederickson Re: In the Matter of Kenneth J. Elias Supreme Judicial Court No. 87-26-BD Petition for Reinstatement luuL.,..!UL -7 . LIlt B0 a1:!ir ,: Dear Sirs: I have known Ken Elias for over 20 years both as an adversary, as co-counsel and a friend. After reading in the Lawyers Weekly of hiS Petition for Reinstatement, I felt I should write this letter on his behalf. Ken has always been extremely diligent in pursuit of his clients' interests. He was always well prepared and aggressive in pursuit of the result he sought. I believe that he possesses the moral qualifications, competence, and learning in law that is required of our profession. I further believe that his resumption of the practice of law will not be a deterrent to the integrity and standing of the bar, the administration of justice or the public interest. I look forward to his reinstatement. HC/ns Hon. George N. Hurd, Jr. 189 Canton Avenue Milton, Massachusetts 02186 617-698-2849 July 6, 1993 Board of Bar Overseers 75 Federal Street Boston, Massachusetts 02110 Attention: Michael A. Frederickson, Counsel Re: In the Matter of Kenneth J. Elias Supreme Judicial Court No. 86-26 BD, Petition for Reinstatement Dear Members of the Board: This is offered on behalf of Kenneth Elias, who seeks reinstatement as an active member of the Bar. I first met Ken Elias when I was assigned as an Associate Justice of the District Court of Brockton. Commencing in March 1973, he appeared before me almost daily representing defendants in the criminal session and also carried on a busy civil trial practice. He also appeared before me less frequently in the Superior Court criminal and civil sessions held in Brockton. Ken Elias was respected by all of us involved in the criminal justice system. He was competent and a fine advocate. He was always prepared. Despite a heavy case load, he was always punctual. I was, and am, personally fond of Ken. He was caring and compassionate in representing his clients, and was always a pleasant addition to the hectic sessions in the District Court. I am wholly unaware and unfamiliar with what occasioned disciplinary action which befell Kenneth Elias. I am sure it had a devastating effect on this proud man. I am sure he suffered a great deal and has taken to heart the censure of peers. the has has his I am hopeful that .Kenneth Elias will be reinstated. He is capable and dedicated. I believe he will, in the \f,titure, be a credit to, and a working member of, the Bar of Massachusetts. s •C Thank you for your consideration. Very truly yours, rge N. H rd stice of Superior Court, Retired GNH/reb NUTTER, McCLENNEN & FISH ROUTE 28- 1185 FALMOUTH ROAD P.O. BOX 1630 HYANNIS, MASSACHUSETTS 02601 TELEPHONE: 508 790-5400 FACSIMILE: 508 771-8079 DIRECT DIAL NUMBER: July 12, 1993 BY TELECOPIER 1-617-357-1872 Board of Bar Overseers, 75 Federal Street Boston, MA 02110 ATTN: Michael A. Frederickson, Esq. RE: In Matter of Kenneth J. Elias Supreme Judicial Court No. 87-26-BD Petition for Reinstatement Dear Mr. Frederickson: I am writing to support the reinstatement of Kenneth J. Elias as a member of the Massachusetts Bar. I have personally known Ken Elias for approximately twenty (20) years, with numerous opportunities to observe his performance as a practicing trial lawyer. During my tenure as an Associate Justice of the Superior Court, Ken appeared before me on numerous occasions, both in criminal and civil sessions, always being well-prepared, enthusiastic and revealing an extraordinary sense of practicality. Although I am not aware of the details relatin .-to his suspension, I found Ken to be forthright, honest" iligent and competent, both on a personal and professional leve t BOSTON, MASSACHUSETTS COUNSEL: AMSTERDAM • LONDON • TOKYO NUTTER, McCLENNEN 8c FISH Board of Bar Overseers July 12, 1993 Page 2 Of note, Ken appeared before me as primary defense counsel in a number of serious criminal matters, including murder prosecutions, representing his clients with intelligence, vigor and dedication. With appreciation for his advocacy skills, I had appointed Ken to represent many indigent defendants, with full confidence that he would diligently, ethically and competently represent their interests. I have no reservations regarding Ken's qualifications to return as a member of the Massachusetts Bar, and I personally believe that his reinstatement would prove to be of marked benefit to the public interests. If I can be of further assistance, please be at liberty to contact me. With best regards, I am, incerely yours, August AFWjr/sr 3677S . Wagner, LAW OFFICE OF PHILIP C. NESSRALLA, JR. 1063 NORTH MAIN STREET BROCKTON, MASSACHUSETTS 02401 TELEPHONE (508) 583-1030 July 16, 1993 TELECOPIER (508) 584-0543 Robert S. Creedon, Jr., Esquire CREEDON & CREEDON 1 Centre Street Brockton, MA 02401 RE: Kenneth J. Elias Dear Attorney Creedon: Please accept the following as my intended professional association relative to Kenneth J. Elias. I have been a practicing attorneyin Plymouth County for the past 16 years. I presently maintain and operate a law office in Brockton for the general practice of law, including but not limited to litigation, real estate transactions, domestic relations, criminal defense and probate work. I have four (4) full-time secretaries who utilize state of the art software and hardware word processing equipment which involves software for case management and overview monitoring. I also have two (2) associates, Attorney Susan Kent and Attorney Gregory G. Nazarian. Due to the high degree of experience and ability in litigation, well-known amongst the Bar, it would be my privilege to enter into an association for the practice of law with Kenneth J. Elias. I have spoken with Mr. Elias on several occasions relative to our intended venture. It is agreed that Mr. Elias would utilize office space within my facility together with availing himself of the secretarial pool and legal associates. Mr. Elias would have an experienced Paralegal who would assist in maintaining case flow and documenting of files. Mr. Elias experience would also be welcomed by the younger associates of the office who will benefit from his guidance and analysis of legal issues as well as providing to him assistance in preparation of files, legal research and appearances on collateral matters to a case, to wit: motions, pre-trial conferences, etc. My office looks forward the future association with, Mr. Elias which will not only be a benefit to our clients but `aIgo to the high standards which we diligently seek to maintain. Your 7 ( 113 djy ly essr- COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT FOR SUFFOLK COUNTY SJC NO. 87-26BD SUFFOLK, SS. IN RE: KENNETH J. ELIAS PETITION FOR REINSTATEMENT HEARING PANEL REPORT This is a petition for reinstatement brought by Kenneth J. Elias (the "petitioner") pursuant to Supreme Judicial Court Rule 4:01, Sec. 18. This matter was heard by a panel of the Board consisting of Andrea W. Gargiulo, Chairwoman, James A. Brink and Naomi Gordon on July 13, 1993. For the reasons stated below and with certain conditions the panel recommends that the petition be granted. I. Background The petitioner was admitted to practice before the bar of the Commonwealth in 1964 and was actively engaged in the practice of law in Brockton,. Massachusetts until being temporacii'y suspended from the practice of law as of September 28, 1987 by order of the Supreme Judicial Court on October 20, 1987. The Memorandum and Decision approving the Order of Indefinite Suspension states that the petitioner violated the Canons of Ethics and Disciplinary Rules by neglect of a legal matter, dishonesty, conduct prejudicial to the administration of justice, conduct adversely reflecting on fitness to practice law, charging a clearly excessive legal fee, and commingling of client funds. According to the Memorandum and Decision, all matters arose out of the petitioner's conduct as executor of an estate consisting of approximately $160,000 in real and personal property. The petitioner failed to probate the estate and issued eleven checks totalling more than $68,000 to himself or to cash. The Memorandum and Decision notes that after the estate's heirs filed a complaint against him with the Board of Bar Overseers the petitioner filed an inventory, sold real estate, distributed specific bequests, made residual distributions, and paid Federal and State taxes, including penalties, expending more than $38,000 of his own funds in making the various payments due. Subsequently, however, the petitioner filed a first and final account which was false and perjurious in that it misrepresented the actual interest income and falsely indicated that certain bequests and expenses had been paid. The petitioner also charged the estate excessive fees in light of work performed and wrongfully retained certain funds as executor's and attorney's fees. According to the Memorandum and Decision the \,k\ Board of Bar Overseers recommended 'indefinite suspension, and the -k Court so ordered, on the grounds that although the petitioner's conduct was both serious and intentional it was not done with the intent to permanently deprive the clients of the assets of the 2 estate and the petitioner did expend time and his personal funds to rectify the situation. II. Hearing At the hearing the petitioner was represented by counsel who presented a petition and letters signed by a number of individuals--including attorneys, clergy and former judges---who have known the petitioner for many years and who comment favorably on his moral qualifications and professional competency. The petitioner testified on his own behalf that he has recognized his guilt, that he lost control of his practice due to a heavy trial schedule and lack of record-keeping, that he has rehabilitated himself and kept up with the practice of law by reading Lawyers Weekly and by observing trials six or seven times per year in the district and superior courts. Petitioner stated that he would be willing to limit his practice in any way the Board sees fit. At the time of the July hearing he had already signed up to take the multi-state professional responsibility examination to be given in August, 1993. With regard to his future the petitioner stated: "[I] have to live it down. I have to prove that I am not what some people may think I am...It's a.amall community. That's the community I'm in. I'm not leaving it." [Transcript of Hearing,,pkt 31, lines 37.] He stated that he owes approximately $98,000 borrowed against his residence and that he lives on those proceeds and his social security payments with no other income., 3 Bar Counsel stated that he had no objection to petitioner's reinstatement with the following conditions: 1) petitioner be required to take a course in current criminal law and procedure, and 2) that petitioner be required to have his books and records checked for at least two years by bar counsel's office or an independent monitor. Bar Counsel also suggested that petitioner consider limiting his practice to criminal law and/or to a limited number of cases and that petitioner associate with another attorney who could give him some guidance and backup. III. Recommendations In order to be reinstated the petitioner must show that he has "the moral qualifications, competency and learning in law required for admission to practice law in this Commonwealth, and that his resumption of the practice of law will not be detrimental to the integrity and standing of the bar, the administration of justice, or to the public interest." (Supreme Judicial Court Rule 4:01, Sec. 18(5). Petitioner expressed responsibility and disgust for his past conduct and assured the panel that his commitment to himself, his family and his community was to rehabilitate his name by conducting himself with honor in a,future law practice. Testimonials in the petitioner's behalf expressed confidence in thq;:Aoetitioner's ability to meet the standards of reinstatement set out by the Court. It is the finding of the panel that the petitioner does possess the requisite moral character and professional competence to be eligible for reinstatement to the practice of law. However, the panel finds that due to the petitioner's absence from the practice for an extended period of time and to the petitioner's acknowledged difficulty in dealing with record-keeping, the petitioner's reinstatement should be subject to the following conditions: 1)that petitioner submit for Bar Counsel's approval an office plan including one or more members of the bar with whom the petitioner will associate in the practice of law and from whom the petitioner can obtain advice and professional support and one or more persons to assist the petitioner in daily office recordkeeping; 2)that petitioner at his own expense hire an accountant twice per year to certify to Bar Counsel's satisfaction that the petitioner's books and records comply with all relevant rules applying to attorneys in the Commonwealth; 3) that the petitioner successfully complete the Multistate Professional Responsibility Examination and take a course in substantive criminal law, a course in criminal procedure, and a course in law office management; 4) that the petitioner limit his practice to civil cases in the district courts of the Commonwealth and to crimipal matters in the district and superior courts of the Commonwealth; provided, however, that in exceptional circumstances pertaining to the best interests of his clients the petitioner may represent clients in other matters with the express approval of Bar Counsel; 5) that any failure of the petitioner to comply with the conditions herein will constitute immediate grounds for suspension. idOu Andrea W. Gargiu , Chairwoman es A. Brink Naomi Gordon CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the Hearing Panel report of the Board of Bar Overseers, in the matter of Kenneth J. Elias, Petiticin6?, Petition for Reinstatement, Supreme Judicial Court No. 87-26 BD by Certified Mail, return receipt requested and his counsel, Robert S. Creedon, Jr. by first class mail, and delivered in hand a copy to Bar Counsel, Arnold R. Rosenfeld. Dated this 28th day of September 1993. BOARD OF BAR 7,ERSEERS By / Marie/ Jo Luc Admynistrative Assistant CREEDON & CREEDON ATTORNEYS AT LAW SHAWMUT BANK BUILDING .-IOBERT S. CREEDON, JR. JOHN F. CREEDON SHARON F. LALLI ONE CENTRE STREET AREA CODE 508 587-6670 BROCKTON, MASSACHUSETTS 02401 MICHAEL C. CREEDON OF COUNSEL September 24, 1993 Board of Bar Overseers 75 Federal Street Boston Massachusetts 02110 ATTENTION: MICHAEL FREDRICKSON, ESQUIRE BOARD COUNSEL SEP :....oARD OF BAR •,*.iF.RSEERS Re: In the Matter of'Kenneth J. Elias Supreme Judicial Court No. 87-26-BD Petition for Reinstatement Dear Attorney Fredrickson: Pursuant to the suggestions made by the Hearing Panel on July 13, 1993 regarding my client's Petition for Reinstatement, I directed my client to meet with Attorney Phillip C. Nessralla regarding the possibility of associating with his office. I further requested that he take the Multistate Professional Responsibility Examination. Attorney Nessralla has agreed to allow Mr. Elias to associate with him and has provided me with a letter outlining the support which Mr. Elias could anticipate with this association. I attach a copy of that letter for your review. Mr. Elias also received in yesterday's mail the results of the Professional Responsibility Examination which he took on August 13, 1993. I enclose a copy of those results. I have also.. informed Attorney Nessralla that if the Board of Bar Overseers and ultimately the SupremOudicial Court saw fit to grant my client's Petition forl,Reinstatement, that Mr. Elias has agreed to the following c664ktions, in addition to any other requirements for reinstatement, which Attorney Nessralla should be aware of,'namely: 1. Bar Counsel may require liat my client's office accounts and clients accounts would,be subject to an independant audit at the order of the Bar Counsel. 2. My client may be - required to take MCLE review courses in the area of criminal law and practice and any other review courses deemed necessary by the Board. I would also add, that my client is grateful for the courtesy and attention shown to him during the presentation of his reinstatement petition and would welcome any additional requirements which the panel would feel necessary regarding his readmission to the practice of law. uly yours, BERT S. CREEDON, JR. RSCJR:mal Enclosures cc: Arnold R. RosenfeldEsquire (with encl.) e.. National Conference of Bar Examiners MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION EXAMINEE'S REPORT OF SCORES 'lease review carefully all information printed below. If any data are incorrect or incomplete, contact the board of bar examiners in the jurisdiction to which your scores were reported. RAW SCORE SCALED SCORE 033 075 SOCIAL SECURITY NUMBER' TEST DATE 08/13 / 9 3 If you did not indicate a Social Security number on your answer sheet, an identification number was assigned to your record for processing purposes. ELIAS, KENNETH J 77 BURKES IDE AVE 101 BROCKTON, MA 02 1 Your scores (shown above) were reported to the following jurisdiction as you requested in Block J of your answer sheet: NO S T BOARD CHOICE This jurisdiction requires a minimum passing scaled score of: NO PASSING SCORE HAS BEEN ESTABLISHED. Each jurisdiction has the authority to determine its own passing score. If the jurisdiction you chose does not list a passing score, check with the board of bar examiners in that state to determine the passing score. EXPLANATION OF SCORES Your RAW SCORE is the number of test questions that you answered correctly in the examination. The lowest possible raw score is 0; the highest is 50. SCALED SCORES are standard scores that range from 50 (low) to 150 (high). The original mean (average) scaled score was established at 100. The conversion of raw scores to scaled scores involves a statistical process that adjusts for variations in difficulty of different forms of the examination so that any particular scaled score will represent the same level of knowledge from test to test. For instance, if this test were more difficult than previous forms, then your scaled score would be adjusted upward to account for this difference. If this test were easier than previous forms, then your scaled score would be adjusted downward to account for this difference. The purpose of these adjustments is to help ensure that no examinee is unfairly penalized (or rewarded) for taking a harder (or easier) form of the test. ADDITIONAL SCORE REPORT REQUESTS lf, after the examination, you decide that you would like to'have your scores sent to one or morp\ \ards of bar examiners in addition to the jurisdiction you indicated on your answer sheet, you may do so by writing -to th address below. Your request , should include your name, address,-Social Security number, date of birth, test date, yourks,i,g*ture, and each board of bar examiners you wish to receive a copy of your scores. Enclose $5.00 for each board of bar examinirsyou request. Payment must be in the form of a cashier's check or money order made payable to the National Conference of Bar Examiners. No cash, business checks, or personal checks will be accepted. Duplicate score reports may also be requested by following this procedure. REQUESTS FOR RECHECKING OF ANSWER SHEETS request to have your answer sheet rechecked must be made within two months of the original test date. The request should _..,clude your name, Social Security number, date of birth, test date, and your signature, and should be sent to the address below. Multistate Professional Responsibility Examination Records Department P.O. Box 451, Iowa City, Iowa 52243 Telephone: (3191 337-1304 OFFICE OF THE BAR COUNSEL BOARD OF BAR OVERSEERS OF THE SUPREME JUDICIAL COURT 75 FEDERAL STREET BOSTON, MASSACHUSETTS 02110 617/ 357-1860 Fax; 617/357-1872 BAR COUNSEL ARNOLD R. ROSENFELD ASSISTANT BAR COUNSEL TERENCE M. TROYER ANNE S. J. KAUFMAN SUSAN STRAUSS WEISBERG ALICE L. HAGEMAN ROGER GELLER BRUCE T. EisENHur CATHLEEN C. CAVELL ELLEN M. MEAGHER ROBERT I. WARNER JoHN H. CROSS JANE R. BABE YVONNE P. TOYLOY FIRST ASSISTANT BAR COUNSEL CONSTANCE V. VECCHIONE NANCY E. KAUFMAN October 5, 1993 Michael Fredrickson General Counsel Board of Bar Overseers 75 Federal Street Boston, MA 02110 Re: In the matter of Kenneth J. Elias Supreme Judicial Court No. 87-26BD Petition for Reinstatement Dear Mr. Fredrickson: In reference to the above matter, I do not wish to appeal the recommendations/decision of the Hearing Panel. Very truly yours, Arnold R. Rosenfeld Bar Counsel ARR/as cc: Robert S. Creedon, Jr., Esq. BOARD OF BAR OVERSEERS of the Supreme Judicial Court 75 FEDERAL STREET BOSTON, MASSACHUSETTS 02110 BOARD OF BAR OVERSEERS Jonx A. WICKSTROM, Chairman C. BRIAN MCDONALD, Vice Chairman JANis M. BERRY FRANCIS J. BRESNAHA.N JAMES A, BRINK ANDREA W. GARGIULO NAOMI GORDON JAMES J. HEFFERNAN JOHN W. LAYMON MICHAEL J. LEBLANC RICHARD P. MELICK MICHAEL E. MONE 617/357-1860 Fax: 617/357-1872 GENERAL COUNSEL MICHAEL FREDRICKSON ASSOCIATE GENERAL COUNSEL KAREN D. OTooLE In accordance with the Rules of the Board of Bar Overseers, Section 3.62, at its meeting held October 18, 1993, the Board of Bar Overseers considered:Hearin4 Panel Report; Bar Counsel's letter to General Counsel dated October 5, 1993; Respondent's Counsel's letter to General Counsel dated September 24, 1993 with attachments; Respondent's Petition for Reinstatement; Reinstatement Questionnaire; and In re Elias, 5 Mass. Att'y Disc. Reports 123 (1989) in re Kenneth J. Elias (SJC No. 87-26 BD). After consideration and upon Motion duly made and seconded, it was unanimously VOTED: to adopt the Hearing Panel's report and its recommendation to recommend to the Supreme Judicial Court that Mr. Elias be reinstated subject to the terms and conditions set forth in the Hearing Panel's report. (Ms. Gargiulo, Mr. Brink, Ms. Gordon, and Mr. Mone recused themselves from the discussion and vote.)