Attorney James McDonald, Jr. of Malden, MA; ethical gremlin

The Massachusetts Supreme Court presented James A. McDonald, Jr. with a law license in 1967.

The Board of Bar Overseers found James guilty of the following misconduct.

1. Failed to act with due diligence
2. Failed to provide competent representation (Dufus)
3. Engaged in conduct that prejudiced his client
4. Neglected a legal matter entrusted to him
5. Intentionally failed to seek the lawful objectives of his client
6. Misconduct caused actual harm to client (victim)

In one matter, James represented Julie Furtado who was injured in a fall on a sidewalk in the vicinity of the Massachusetts Bay Transportation Authority (MBTA) Haymarket bus station and the Government Center Garage (GCG), which led to James filing a civil lawsuit on Julie’s behalf.

Subsequently, MBTA and GCG filed motions to dismiss the case because neither of them owned the property and that it was conveyed to a private party prior to Julie’s fall.

James failed to respond to either motion, even though he knew (1) that the defendant’s motions left open the issue of whether the defendants exercised control or oversight of the premises, and (2) that the statute of limitations on causes of action against other defendants arising out of the client’s fall was three years.

Shortly thereafter, the trial court granted the motions to dismiss Julie’s civil lawsuit. James didn’t advise Julie of the dismissal of her case and failed to file a lawsuit against the garage owners, thus allowing the statute of limitations on Julie’s lawful claim to expire.

Over a two-year period of time, James failed to advise Julie that his associate was lying to her  by telling her several times that her case was proceeding to trial and would be concluded in about one year.

As a consequence of his misconduct, the apologists for Attorney Misfits sitting on the Board of Overseers punished James by gifting him with a complimentary reprimand.

As we speak (March 2013) James practices with the Office of Charles D. Kelley at 585 Pleasant Street in Malden, Massachusetts.