In Re Ellis

680 N.E.2d 1154 (1997)

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Nature of the Case

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Facts

A grand jury returned twenty-eight indictments against James N. Ellis, Jr. (D), charging tax evasion, conspiracy to evade income taxes, presentation of false statements to insurance companies, larceny from insurance companies, and conspiracy to commit fraud or steal money from insurance companies. These indictments cover the years 1985 to 1995, inclusive. On the same day, the same grand jury returned twelve indictments against Nicholas J. Ellis (D) charging him with presenting false statements to insurance companies, larceny from insurance companies, attempted larceny from an insurance company, and conspiracy to commit insurance fraud. P petitioned for the temporary suspension of both lawyers. A single justice of this court held a hearing. A single justice entered orders of temporary suspension and stayed the effectiveness of her orders to permit Ds to seek relief from the full court. The single justice's orders stated that the indictments and search warrants themselves 'suggest probable cause to support the claim of serious criminal conduct' and concluded that the charges against each lawyer were supported by probable cause. As to James Ellis (D), the single justice also noted that a Federal court judge had enjoined him and Ellis & Ellis from disposing of any firm assets, except in the regular course of business, until a civil action brought by an insurance company was concluded. The single justice did not find by a preponderance of evidence that either lawyer had committed a violation of the Code of Professional Responsibility. Nor did she state explicitly that either posed such a threat of substantial harm to clients or prospective clients that, on a balance of considerations, a temporary suspension was called for. Ds appealed.