On Monday, November 6, 2023, the Massachusetts Board of Bar Overseers of the Supreme Judicial Court issued a public reprimand to attorney Jeffrey M. Rosin, Esq. for violating the Massachusetts Rules of Professional Conduct during a remote client deposition last year.
The case is entitled “Bar Counsel v. Jeffrey M. Rosin, Esq.,” with case no. 2023-12.
The charges cited Massachusetts Rules of Professional Conduct rule 3.4(c) and 8.4(d)(h) which states:
Knowingly disobey an obligation under the rules of a tribunal, except for an open refusal based on an assertion that no valid obligation exists.
A Lawyer shall not engage in conduct prejudicial to the administration of justice.
Forbidding other conduct that adversely reflects on his or her fitness to practice law.
According to documents from the Board of Bar Overseers, Rosin repeatedly coached his client on answering questions while representing her in a civil deposition that took place remotely due to the COVID-19 pandemic. Both Rosin and his client were seated together in the same conference room wearing masks, over the objection of the opposing counsel who participated remotely from another location.
During the fifth hour of the deposition, the opposing counsel heard Rosin provide an answer to his client, which she then repeated verbatim. When confronted, Rosin denied coaching his client. However, upon later reviewing the video deposition recording, opposing counsel noted around 50 instances where he could hear Rosin surreptitiously feeding answers such as “yes,” “no,” or “I don’t recall” to his client, which she then repeated.
This led the opposing counsel to file a motion for sanctions against Rosin in a federal district court in Massachusetts, where the civil case was being heard. At a hearing, Rosin acknowledged coaching his client and blamed frustration with the opposing counsel’s questioning, though the judge noted he had taken advantage of the remote setting. The judge subsequently disqualified Rosin from further participation in the case.
Following this event, the Bar counsel filed a Petition for Discipline, which charged the respondent with violations of Massachusetts Rules of Professional Conduct. The parties filed a stipulation in which the respondent acknowledged violating certain rules. They jointly proposed a public reprimand as the recommended sanction.
Following referral to the statewide disciplinary authority, on October 10, 2023, the Board voted to accept the stipulation of the parties and their joint recommendation. Given the acknowledgment and unique circumstances, the Board of Bar Overseers imposed a public reprimand.
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 Jeffrey M. Rosin, be and hereby is PUBLICLY REPRIMANDED.”
According to avvo.com, Mr. Rosin is an employment and labor attorney in Boston, Massachusetts. He attended the New York University School of Law, graduating in 1995. He acquired his law license in Massachusetts in 1996.
A copy of the original filing can be found here.