On Friday, August 16, 2024, the Massachusetts Supreme Judicial Court suspended attorney Matthew J. Dupuy from practicing law for three months.
The case is entitled “In the Matter of Matthew J. Dupuy,” with case no. BD-2024-047.
The suspension stems from Dupuy’s representation of an elderly client, referred to as N.Z., in 2019 and 2020. At the time, N.Z. was a resident of an assisted living facility but wanted to return home. Dupuy agreed to represent her with the condition that she sign over power of attorney and transfer ownership of her home to a trust with Dupuy as co-trustee.
However, the fee agreement Dupuy had N.Z. sign failed to provide a fee agreement setting out the scope of his representation. It described services related to investigating alleged elder abuse, but Dupuy acknowledged he never planned to look into any abuse claims. Most of the over $22,000 in fees Dupuy charged N.Z. at his legal rate of $375 per hour were for non-legal tasks like home repairs, bill paying, and mail handling. Experts testified these services did not require legal expertise.
Without consulting N.Z., Dupuy also used the power of attorney to sell over $60,000 of her sentimentally valuable stock to pay his fees. He claimed getting permission from her but provided no records of this discussion and N.Z. disputed approving a letter. Dupuy hired his daughter, a stockbroker, to complete the sale, but did not investigate alternatives or disclose his family’s financial interest.
At the disciplinary hearing, Dupuy did not contest most of the factual findings but argued the sanction should be lighter. However, the board emphasized multiple aggravating factors. This included Dupuy’s 32 years of experience, a prior admonishment involving similar communication issues with an elderly client, and the vulnerability of N.Z. The board ultimately decided a three-month suspension was warranted given the “sheer number and variety” of rules violated.
The Disposition states:
“Based on the foregoing, the board’s recommended sanction of a three-month suspension from the practice of law in the Commonwealth is appropriate. Accordingly, an order shall enter suspending the respondent from the practice of law in the Commonwealth for a period of three months.”
According to avvo.com, Mr. Dupuy is a personal injury attorney in West Yarmouth, Massachusetts. He attended the Western New England College School of Law. He acquired his law license in Massachusetts in 1978.
A copy of the original filing can be found here.
