On Wednesday, December 17, 2025, the Massachusetts Supreme Judicial Court issued an order suspending attorney Robert Michael Waters, Jr. from practicing law in the Commonwealth for two years, retroactive to September 9, 2024. The suspension stems from reciprocal discipline proceedings initiated by the Office of Bar Counsel following Waters’ suspension in New Hampshire.
The case is entitled “In the Matter of Robert Michael Waters, Jr.,” with case number BD-2025-071.
The Massachusetts order, issued by Associate Justice Dalila Argaez Wendlandt, mirrors a disciplinary action taken by the New Hampshire Supreme Court on July 3, 2025, where Waters was suspended for two years, retroactive to December 7, 2023. The New Hampshire suspension arose from Waters’ failure to properly manage his Interest on Lawyers’ Trust Accounts (IOLTA). Specifically, Waters failed to personally conduct or supervise monthly reconciliations of his IOLTA account, leading to the commingling of his own funds with client funds, a violation of New Hampshire Rules of Professional Conduct Rule 1.15(a).
Further, Waters submitted false certifications of trust account compliance to the New Hampshire Supreme Court for three reporting periods, falsely claiming he performed monthly reconciliations, was never out of trust, and maintained all client funds in full compliance with the relevant rules. This was deemed a violation of Rule 3.3, which prohibits false statements of fact or law to a tribunal. Additionally, Waters failed to adequately supervise a non-attorney employee, allowing her to act as a signatory without a bond and handle the majority of IOLTA transactions, which contributed to the commingling of funds, violating Rule 5.3(b).
In Massachusetts, Waters did not initially respond to the order of notice to explain why identical discipline would be unwarranted in Massachusetts. While he eventually filed a response arguing against reciprocal discipline, the court ultimately sided with the Bar Counsel, emphasizing the seriousness of Waters’ misconduct, particularly the knowingly false representations made to the New Hampshire Supreme Court. The court found that the presumptive sanction for such actions is a suspension of one to two years.
The court also addressed the issue of retroactivity, disagreeing with Waters’ request to have the suspension in Massachusetts align with the start date of his New Hampshire suspension. The court noted Waters twice failed to notify Massachusetts authorities about his disciplinary issues in New Hampshire within the required ten days, as mandated by S.J.C. Rule 4:01, § 16 (6). Consequently, the suspension was made retroactive to September 9, 2024, the date when the initial petition for reciprocal discipline was filed.
According to Avvo, Mr. Waters is a lawyer in Plaistow, NH. He acquired his law license in Florida in 2002.
A copy of the original filing can be found here.
