On Friday, January 12, 2024, the Massachusetts Board of Bar Overseers hearing panel recommended the denial of Ilya Ablavsky’s petition for reinstatement to the Massachusetts Bar.
The case is entitled “In the Matter of Ilya Ablavsky” with case number SJC No. BD-2010-114.
Ablavsky has been suspended from practicing law in Massachusetts since 2010 when he was placed on disability inactive status due to a bipolar disorder diagnosis. In 2012, he received an indefinite suspension after pleading guilty to tampering with court records related to an incident where he stole a murder case file from a courthouse.
In his petition for reinstatement, Ablavsky had the burden of proving that his mental health condition would not negatively impact his ability to practice law and that he had the required legal competency. However, the hearing panel found that Ablavsky’s history of mental health issues and recent behaviors call into question whether his condition currently interferes with his fitness to practice.
Specifically, the panel expressed concerns about obsessive emails Ablavsky has drafted about bribing Supreme Court justices when feeling stressed. They also noted periods where Ablavsky stopped working as a paralegal without informing employers when he felt overwhelmed by his mental health issues. In 2021, he also inappropriately drafted legal documents for a client.
While Ablavsky’s psychiatrist testified in support of reinstatement with conditions, the panel felt Ablavsky had not met his burden of proof on the disability issue. Additionally, when considering reinstatement from his disciplinary suspension, the panel determined his proposed limitations on solo practice, handling client funds, or attending court would undermine public trust in his ability to competently represent clients.
The hearing panel commended Ablavsky for his mental health treatment compliance and volunteer work but ultimately concluded his readmission could damage public confidence in the legal profession.
The recommendation states:
“Based upon the petitioner’s written submissions, his own testimony, and that of his witnesses, the Hearing Panel recommends that the petition for reinstatement of Ilya Ablavsky be denied”
According to the filing, Mr. Ablavsky graduated from the Western New England School of Law in 2009. He obtained his law license in Massachusetts in 2010.
A copy of the original filing can be found here.