In re Hayes, No. 23-8019 (1st Cir. 2024)

Attorney James Hayes faced a four-count petition for discipline filed by the Massachusetts Bar Counsel, accusing him of fraud, violating court orders, mishandling client funds, and other dishonest conduct. These charges stemmed from his representation of a client who concealed lottery winnings to avoid child support. A hearing committee of the Massachusetts Board of Bar Overseers found merit in all counts and recommended disbarment. Hayes appealed to the Board, which upheld the committee's findings. A single justice of the Massachusetts Supreme Judicial Court (SJC) agreed and disbarred Hayes. The SJC affirmed this decision.

Upon receiving the SJC's judgment, the United States Court of Appeals for the First Circuit ordered Hayes to show cause why reciprocal discipline should not be imposed. Hayes requested a hearing and argued that a term suspension, rather than disbarment, was appropriate. He contended that the SJC's decision was flawed due to errors in assessing the credibility of the principal witness, his former client, and that the SJC mischaracterized his conduct as fraudulent. Hayes also argued that the SJC typically imposes less severe discipline in similar cases and highlighted mitigating factors such as his years of good standing.

The First Circuit reviewed the state court record and found no basis to depart from the SJC's findings. The court determined that the hearing committee reasonably credited the former client's testimony and that Hayes failed to show clear and convincing evidence of procedural irregularities or errors in the SJC's decision. The court concluded that Hayes did not demonstrate that less severe discipline was warranted and disbarred him from practicing law before the First Circuit. The Clerk of Court was instructed to forward a copy of the opinion to the SJC.