On Tuesday, August 1, 2023, the Commonwealth of Massachusetts Board of Bar Overseers of the Supreme Judicial Court ordered a public reprimand for Attorney Alexander Walter Mulcahy for negligence of his duties as counsel.
The case is titled “BAR COUNSEL v. Alexander Walter Mulcahy,” with case no. 2023-11.
The charges cited Massachusetts Rules of Professional Conduct C.1.15(b), 1.15(c), 1.15(f)(1)(C), 1.15(f)(1)(C), and 1.15(f)(1)(E), which penalize misconduct such as:
Negligent use of client funds
Failure to deliver client funds promptly
Creation of negative client funds balance
Failure to maintain individual client ledgers
Failure to perform three-way reconciliations of the account at least every sixty days
The Massachusetts Rules of Professional Conduct can be found here.
The order pertains to Attorney Mulcahy’s conveyancing practice for which he used his IOLTA account but failed to maintain the required records. Attorney Mulcahy erred in record keeping by his failure to maintain individual client ledgers and perform three-way reconciliations of the account at least every sixty days resulting in the misuse of the funds he held for his clients.
For this, the parties, waiving the hearing, jointly filed a stipulation regarding the misconduct and recommended to the Board of Bar Overseers for a public reprimand to the erring counsel to resolve the issues at hand. The Board granted the joint recommendation on July 10, 2023. Attorney Alexander Walter Mulcahy was ordered to be publicly reprimanded on August 1, 2023.
The disposition reads:
“Whereupon, pursuant to Supreme Judicial Court Rule 4:01, Section 8(3), and the Rules of the Board of Bar Overseers, Section 3.56, it is ORDERED AND ADJUDGED that Alexander Walter Mulcahy, be and hereby is PUBLICLYREPRIMANDED.”
Attorney Walter Alexander Mulcahy has been in law practice for the past 11 years, having acquired his license in 2012. For more info on Attorney Mulcahy’s bio, click here.
A copy of the original filing can be found here.