On Monday, February 6, 2023, the Commonwealth of Massachusetts Board of Bar Overseers of the Supreme Judicial Court publicly reprimanded Quincy Attorney Kelly Scibelli in relation to the charges of misconduct against him.
The case titled Bar Counsel v. Kelly Scibelli, with Case No. 2023-2.
The charges cited Scibelli’s violations of the Massachusetts Rules of Professional Conduct specifically Rules 1.1, 1.2(a) and (c), 1.3, 1.6(a), and 1.6(c).
The Massachusetts Rules of Professional Conduct can be found on the Massachusetts government’s website.
The disciplinary matter involves allegations that Scibelli in her representation of a client in a divorce case, engaged in misconduct by neglecting the client’s interest by failing to prepare the exhibits required for trial and disclosing confidential information without said the client’s consent by failing to make reasonable efforts to prevent unauthorized access to confidential information.
According to the filing:
“On January 14, 2020, the court issued a Pre-Trial Order requiring the parties to provide the opposing party and the court with their final trial witness lists and final proposed exhibit lists at least fourteen days prior to the trial date (i.e., August 4, 2020). By May of 2020, the client became concerned about the respondent’s trial preparation and representation of her in the divorce matter.On June 4, 2020, the respondent filed a motion to withdraw which was denied by the court.”
The filing continues:
“On August 1, 2020, the respondent sent an email to the client asking her to provide,within 48 hours, a list of specific exhibits the client wanted to use at the upcoming trial. The respondent also asked the client to organize the exhibits for the court and opposing counsel,make multiple copies of the documents, tab the documents and place them in binders by August 7, 2020. In order to do so, the respondent told the client she would drop off boxes containing the client’s file to the client at her apartment and if the client was not at home, that the documents would be left with the doorman. The client responded that the documents were not safe with her because her husband had access to the apartment and that she did not have knowledge and experience to prepare the exhibit books which, she expressed,should be prepared by the respondent as her lawyer.”
The filing further alleges:
“On August 4, 2020, the respondent dropped off three boxes of documents in the lobby of the client’s apartment building. The doorman refused to accept the documents and they were left by the respondent on a table in the lobby of the building. The boxes of documents included confidential information contained therein. On August 4, 2020, the respondent filed a motion for reconsideration of her motion to withdraw as counsel. In the supporting affidavit filed by the respondent along with the motion, the respondent revealed confidential information relating to her representation of the client. The client did not consent to the disclosures.”
The parties jointly agreed to the imposition of public reprimand upon Scibelli.
The Board of Bar Overseers voted on January 9, 2023, to accept the stipulation of the parties and their joint recommendation.
The Order of Public Reprimand, 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 Kelly Scibelli, be and hereby is PUBLICLY REPRIMANDED.”
Ms. Scibelli practices in Quincy, Massachusetts. She attended the New England School of Law, graduating in 1999. She has been licensed to practice in Massachusetts and the District of Columbia. Her info can be found on Martindale.
A copy of the original filing can be found here.
