On Wednesday, December 4, 2024, the New York Supreme Court, Appellate Division, Second Judicial Department suspended attorney Kenneth Barrett Phillips from the practice of law for a period of six months. This decision was made following a series of disciplinary actions stemming from misconduct that occurred while Phillips was practicing in Massachusetts.
The case is entitled “In the Matter of Kenneth Barrett Phillips,” with case no. 2024-01845.
Phillips had previously faced disciplinary measures by the Supreme Judicial Court for Suffolk County, Massachusetts. On October 10, 2023, the court suspended him for three months for failing to adhere to proper recordkeeping practices concerning client escrow accounts. His misconduct included inadequate maintenance of compliant check registers and ledgers for two IOLTA accounts at Citizens Bank, which resulted in approximately $9,000 in undisbursed client funds. Additionally, Phillips improperly disbursed funds from these accounts before securing the necessary deposits, leading to negative balances and dishonored checks.
The Massachusetts court’s order included specific conditions for the suspension, which were to remain in effect for one year. Phillips was required to audit his accounts to identify the owners of any undisbursed funds and was expected to provide quarterly records to the Office of Bar Counsel for monitoring compliance.
Despite the Massachusetts ruling, Phillips did not inform the New York Court or the Grievance Committee of the disciplinary action, violating state regulations that mandate such notifications. The New York Grievance Committee became aware of the Massachusetts suspension only after receiving a letter on January 12, 2024.
In response to the Massachusetts court’s findings, the New York Supreme Court issued an order on April 4, 2024, directing Phillips to explain why he should not face reciprocal disciplinary action. However, Phillips failed to respond to this order or request an extension, effectively waiving his right to present any defenses or mitigating circumstances.
The New York Court concluded that the misconduct in Massachusetts warranted reciprocal discipline in New York. The court imposed a six-month suspension starting January 3, 2025, with the stipulation that Phillips could not apply for reinstatement until at least June 3, 2025. During this suspension, he is prohibited from practicing law in any capacity, appearing as an attorney, or offering legal opinions.
According to avvo.com, Mr. Phillips is a residential real estate attorney in Natick, Massachusetts. He acquired his law license in New York in 1997.
A copy of the original filing can be found here.
