On December 12, 2022, the Commonwealth of Massachusetts Board of Bar Overseers of the Supreme Judicial Court recommended the suspension of attorney David W. Parker for six months over the case of misconduct that is prejudicial to the administration of justice. The Case is entitled “Bar Counsel v. David W. Parker,” brought by Bar Counsel with case no. C6-19-259297.
The charges cited Rules of Professional Conduct 1.3, 8.4(b), 8.4(d),8.4(h) which state:
A lawyer should act with reasonable diligence.
A lawyer should not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness to practice law.
It is prohibited for a lawyer to engage in conduct prejudicial to the administration of justice.
Conduct that reflects adversely on fitness to practice law.
The Rules of Professional can be found here.
The committee found that the respondent while representing a minor child in a care and protection proceeding, engaged in conduct that was a contributing factor to a report (a so-called 51A report) filed against the child’s father, which in turn led to the father losing custody. According to the report, the respondent communicated with the father and had a drink with him. Until the latter later on was reported for being intoxicated in a hockey game. The respondent knew that one of the court’s conditions in exchange for temporary custody is for the father to refrain from illegal substances, which the respondent also knew.
The filing states:
“Although the father had separate counsel, he and the respondent communicated. On March 8, 2019, the two discussed a party the father wanted to throw for the child. The respondent offered to pay for the party. On March 9, 2019, the father picked up the respondent and drove him to an ATM where the respondent withdrew money, which he gave to the father. In the car were two minor children, the sister of the respondent’s client as well as her friend. During the car ride, the father offered the respondent a beer, which he accepted and which at the time (but not currently) violated Mass. G. L. c. 90, § 241 (the open container law). According to his own testimony, the respondent had been drinking heavily for several weeks and hoped that the beer would help him feel better. They then drove to a liquor store at the respondent’s suggestion. The respondent purchased a fifth of cognac for himself and one-ounce containers of whiskey for the father. He did so despite his knowledge that the Juvenile Court had concerns about the father’s alcohol use and had ordered him to abstain, Also, the respondent”.
The filing continues:
“The Juvenile Court judge ordered the respondent to withdraw from representing the child. The hearing committee found, based on substantial evidence, that the respondent’s conduct was a contributing factor to the father’s loss of temporary custody and that in providing alcohol to the father, the respondent acted contrary to the interests of his client, the minor child.”
The Court agrees with the Hearing Board’s recommendation that the respondent violated the abovementioned violations.
The recommendation states:
“Accordingly, we recommend a six-month suspension without a stay. Information shall be filed with the County Court, recommending the suspension of the respondent’s license to practice law for six months.”
Mr. Parker practices in Springfield, Massachusetts. His info can be found on Linkedin.
A copy of the original filing can be found here.
