On Monday, June 17, 2024, Attorney David M. Blumenthal was publicly reprimanded by the Massachusetts Board of Bar Overseers of the Supreme Judicial Court for settling summary process actions against his client without obtaining consent.
The case is entitled “Bar Counsel v. David M. Blumenthal, Esq.,” with case no. 2024-8.
Blumenthal had been retained in April 2022 to defend two tenants against eviction cases filed by their landlord due to unpaid rent. As the trial date approached, Blumenthal informed his client but they did not show up in court. Believing there were no viable defenses and that default judgment would be worse than settlement, Blumenthal agreed to resolve the cases without consulting his client.
The next day, upon learning of the settlement, the client filed a motion to vacate the judgment. However, Blumenthal failed to appear at the subsequent hearing, resulting in the dismissal of the motion.
This conduct violated professional conduct rules requiring lawyers to abide by a client’s decisions and promptly consult them about any settlement offers. The public reprimand came by way of a stipulation signed by both parties, waiving the hearing process and jointly recommending disciplinary action. This was accepted by board members in a June 10, 2024 vote.
Blumenthal had received prior discipline in 2016, a six-month suspension stayed for two years with an accounting probation, for unrelated misconduct concerning real estate transactions between 1998 and 2014.
The Disposition states:
“Whereupon, pursuant to Supreme Judicial Court Rule 4:01, Section 8(3), and the Rules of the Board of Bar Overseers, Section 3.56, it is ORDERED AND ADJUDGED that David M. Blumenthal, be and hereby is PUBLICLY REPRIMANDED.”
According to avvo.com, Mr. Blumenthal is a divorce & separation attorney in Chestnut Hill, Massachusetts. He attended the Boston University School of Law, graduating in 1967. He acquired his law license in Massachusetts in 1971.
A copy of the original filing can be found here.
