On April 10, 2023, the Commonwealth of Massachusetts Board of Bar Overseers of the Supreme Judicial Court recommended the suspension of Worcester attorney Joseph S. Samra, Jr. for lawyer misrepresentation under oath.

The case is entitled “Bar Counsel v. Joseph S. Samra, Jr., Esq.,” with Case No. C4-19-260619.

The charges cited Massachusetts Rules of Professional Conduct Rule 3.3(a)(1) (knowing false statement of fact or law to a tribunal; Rule 4.4(a) (when representing a client, engaging in conduct with no substantial purpose other than to embarrass, harass, delay or burden a third person); Rule 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation); Rule 8.4(d) (conduct prejudicial to the administration of justice; and Rule 8.4(h) (any other conduct reflecting adversely on fitness to practice law).

According to the court document,  Samra and his former domestic partner filed claims and counterclaims against each other, alleging civil wrongs such as fraud, unjust enrichment, breach of fiduciary duty, and conversion. Samra represented himself for the counterclaims while being represented by insurance defense counsel for some claims of legal malpractice. During the proceedings, the respondent filed for a harassment protection order against his former partner’s brother, claiming he was assaulted and intimidated. However, the court found insufficient credible evidence and dismissed the petition.

The filing states:

“The respondent testified in court under oath that after leaving the courthouse on February 28, 2019, he had crossed the street to a parking lot to retrieve his car. When he arrived at his car, he noticed “a big truck parked facing me, but with the back end up pretty high. And all of a sudden it started coming toward me. And the motor was running. It got within five feet, ten feet of me before it stopped, and then backed up again. I could see through the shaded glass someone who I believe was Roger McCarthy.” (HCR ¶ 26). He testified that he noted the license plate number (R 19) and that the truck was a Ford F350 ”

The filing continues:

“In summary, the respondent testified to the Superior Court judge that, “[W]hen you see a two ton truck coming at you, for no apparent reason, you get – you get afraid. Had he kept going, Your Honor, he would have really just mashed me between the front of his truck and the front of my car.”

The filing further states:

“In his testimony, McCarthy denied all allegations. He said that after court on the day in question he went to lunch with his wife, his sister, and their attorneys. After lunch, he drove home in his wife’s car, a Ford Explorer. He conceded that he owned a Ford F350 with the license plate R 19, but said that he had left the truck at home on the day in question. He denied the truck had tinted windows. The attorney who represented the respondent’s domestic partner in the civil case corroborated McCarthy’s testimony at the chapter 258E hearing. He testified that after court the group went to a nearby café for lunch and McCarthy never left the café until the meal was over, about ninety minutes later.”

The hearing committee ultimately determined that Samra’s allegations, made under oath, which involved claiming that he was threatened by someone he believed to be McCarthy with a truck, were entirely false. Moreover, the committee found that Samra was fully aware of the falsity of these claims when he signed the Affidavit and provided their testimony. Based on these findings, the hearing committee recommended that Samra be suspended from the practice of law for two years.

The Board of Bar Overseers agreed with the hearing committee’s findings and with one exception its legal conclusions, and agreed with its recommended sanction.

The Recommended Disposition reads:

“Accordingly, we recommend a two-year suspension. We note that this hearing committee recommended the same disposition, even though the committee also found an aggravating factor (uncharged misconduct), which we have declined to adopt. There are no mitigating factors that would reduce the presumed sanction.”

Mr. Samra practices in Worcester where he maintains his law firm, The Law Office of Joseph Samra. He has been licensed to practice in Massachusetts since 1988. His info can be found on Avvo.

A copy of the original filing can be found here.