Board of Overseers of the Bar v. David M. Blumenthal

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Docket No.: BAR-16-23

Issued by: Maine Supreme Judicial Court

Date: December 27, 2016

Respondent: David M. Blumenthal

Bar Number: 007917

Order: Suspension

Disposition/Conduct: Safekeeping Property, Client Trust Accounts, Interest on Trust Accounts; Responsibilities Regarding Nonlawyer Assistants; Misconduct

Order of Term Suspension/ Stayed

This Court has received a certified copy of the October 6, 2016 Order of Term Suspension/Stayed issued by the Commonwealth of Massachusetts Supreme Judicial Court. The Order suspended David M. Blumenthal for his violations of the Massachusetts Rules of Professional Conduct. Specifically those violations include failing to keep complete IOLTA account records including receipt, maintenance, and distribution of those funds.

In this reciprocal discipline action filed by the Maine Board of Overseers of the Bar, Mr. Blumenthal has filed no response to this Court's November 17, 2016 Order and Notice. That Order provided Mr. Blumenthal an opportunity to show cause why the Court should not impose identical discipline to that imposed upon him in Massachusetts.

Upon consideration of the Board's Petition for Reciprocal Discipline and Mr. Blumenthal's lack of objection to an identical suspension in Maine, it is hereby ORDERED as follows:

  1. The Board of Overseers of the Bar's Petition for Reciprocal Discipline is hereby granted in all respects;
  2. Effective immediately and pursuant to M. Bar R. 26(e), David M. Blumenthal is suspended from the practice of law in Maine for a period of six (6) months, with the execution of that suspension stayed for two (2) years from October 6, 2016, with probationary conditions. That suspension relates to Blumenthal's violations of those portions of Maine's Rules of Professional Conduct that are analogous to the violations found by the Massachusetts Supreme Judicial Court; and
  3. By analogy, the Maine Rule violations would constitute M. R. Prof. Conduct 1.15(b)(d); 5.3(b); and 8.4(a)(b)(c)(d).

Dated: December 27, 2016

Donald G. Alexander
Associate Justice
Maine Supreme Judicial Court