On Friday, January 13, 2023, the Commonwealth of Massachusetts Supreme Judicial Court for Suffolk County accepted the Affidavit of Resignation as a Disciplinary Sanction of Duxbury attorney Brian R. Cook for dishonesty.

The case is entitled “In the matter of Brian R. Cook” with case no. BD-2019-083 and BD-2019-101.

The charges cited Rules of Professional Conduct 8.4(b), 8.4(d), 8.4(h), 1.5, 1.4(a)(3), 1.4(b), 1.6(a), 8.4(a), 8.4(c), 1.15(b), 1.15(c), 3.4(c) and Supreme Judicial Court 4:01 & 17(b) which state:

A criminal act that reflects adversely on honesty, trustworthiness, or fitness. 

Conduct that is prejudicial to the administration of justice. 

Conduct that reflects adversely on fitness to practice. 

Prohibiting agreement for or collection of illegal or clearly excessive fees. 

Keeping clients reasonably informed. 

Explain a matter to the extent reasonably necessary for the client to make an informed decision. 

Do not reveal confidential information relating to the representation. 

Do not attempt to violate Rules or knowingly assist or induce another to do so.

Conduct involving dishonesty, fraud, deceit, or misrepresentation.

Trust property is to be held in a trust account, separately from the lawyer’s own property.

Promptly notify and deliver funds to clients.

Knowingly failing to comply with an Order of Immediate Administrative Suspension.

Do not knowingly disobey an obligation under the rules of a tribunal.

The Rules of Professional Conduct can be found here

The respondent submitted an Affidavit of Resignation to the Board of Bar Overseers in which he admitted to a range of misconduct set out in four counts of a Petition for Discipline.

With a letter from the assistant bar counsel to the General Counsel to the Board of Bar overseers (Board), along with the Recommendation and Vote of the Board filed by the Board on January 5, 2022, the Board of Bar Overseers recommended to the Supreme Judicial Court. that it accepts the respondent’s Affidavit of Resignation as a disciplinary sanction.

The Disposition states:

“Upon consideration thereof, it is ORDERED and ADJUDGED that The Affidavit of Resignation submitted by Brian R. Cook be, and hereby is, accepted as a disciplinary sanction effective upon the entry date of this Judgment and the lawyer’s name is forthwith stricken from the Roll of Attorneys.”

As of today, Mr. Cook’s info can be found on martindale.com. He attended Boston College, graduating in 1985. Cook practices in Duxbury, Massachusetts.

A copy of the original filing can be found here