On Tuesday, July 29, 2025, the Maine Supreme Judicial Court affirmed a judgment of a single justice denying Valeriano Diviacchi’s petition for reinstatement to the bar. The court’s decision concluded that the single justice did not err or abuse discretion in declining to reinstate Diviacchi, who had faced disciplinary actions in both Massachusetts and Maine.
The case is entitled “In the Matter of Valeriano Diviacchi,” with case number Cum-24-12.
Diviacchi was initially suspended for twenty-seven months by the Massachusetts Supreme Judicial Court in 2015. This suspension stemmed from findings that Diviacchi had made false statements under oath while attempting to collect fees from a former client. The single justice in Massachusetts determined that Diviacchi had filed actions against his client based on these untrue statements, violating the Massachusetts Rules of Professional Conduct.
Following his suspension in Massachusetts, the Maine Board of Overseers of the Bar initiated reciprocal disciplinary proceedings, leading to Diviacchi’s suspension in Maine in January 2017. The Maine court imposed a suspension for the same duration, asserting that Diviacchi had violated rules analogous to those he breached in Massachusetts. Diviacchi did not appeal this reciprocal suspension.
In January 2018, Diviacchi filed a petition for reinstatement in Massachusetts, which was subsequently denied by a single justice. The justice noted that Diviacchi failed to acknowledge the violations that led to his suspension and had not demonstrated that reinstatement would not harm the public interest. A second petition for reinstatement was also denied, with the court concluding that Diviacchi had not shown a reasonable understanding of his misconduct.
On March 31, 2023, Diviacchi submitted a motion for reinstatement in Maine, which the court accepted as a formal petition despite its deficiencies. The petition faced opposition from Bar Counsel, leading to a hearing before the Grievance Commission of the Maine Board of Overseers. The Commission recommended against reinstatement, citing Diviacchi’s failure to address the essential criteria required for reinstatement.
In December 2023, the single justice denied Diviacchi’s petition, stating that he had not met three key criteria outlined in Maine Bar Rule 29(e): recognizing the wrongfulness of his past misconduct, demonstrating the requisite honesty and integrity to practice law, and fulfilling continuing legal education (CLE) requirements. The single justice set a waiting period of twenty-seven months before Diviacchi could reapply for reinstatement.
Diviacchi filed an appeal against this decision, arguing that the single justice had abused her discretion in denying his petition and in establishing the waiting period. However, the Maine Supreme Judicial Court found that the single justice’s findings were supported by the evidence and that Diviacchi had not proven his case by clear and convincing evidence, which is required for reinstatement after a lengthy suspension.
The court emphasized that the criteria for reinstatement are designed to ensure that an applicant’s return to practice does not harm the integrity of the legal profession or the public interest. The judgment affirmed by the court concluded that Diviacchi had not demonstrated sufficient progress toward meeting the conditions necessary for reinstatement.
According to Avvo, Mr. Diviacchi is a litigation lawyer in Boston, MA. He acquired his law license in Maine in 1990.
A copy of the original filing can be found here.
