Tony R. Tavares and Patricia J. Garceau-Tavares

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Case 07-40942 Doc38_ Filed 08/31/07 Entered 08/31/07 12:55:19 Desc Main
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UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS

In re : Chapter 13

TONY R. TAVARES : CASE NO. 07-40942-JBR
PATRICIA J. GARCIA-TAVARES

DEBTORS

ORDER ON MOTION TO ALTER OR AMEND ORDER

This matter came before the Court for hearing on the Motion to Alter or Amend
Order dated August 7, 2007 [docket #32] pursuant to which the Court ordered Attorney
Julia Fullwood, among other things, the four specific paragraphs to which she seeks
reconsideration. Specifically they are: (1)Paragraph F which required her to turn over
her files in this case, in a sealed envelope to the Worcester Office of the United States
Trustee for dissemination to successor counsel or the debtor, if requested, a process
agreed to by Attorney Fullwood through her counsel at the July 31, 2007 hearing on the
Order to Show Cause, (2) Paragraph D which required her to send the debtor a letter, in
a form agreeable to the United States Trustee and approved by the Court, and a copy
of the August 7, 2007 Order, providing the debtor with information about potential
representation through the Worcester County Bar Association, again a communication
agreed to by Attorney Fullwood through her counsel at the July 31, 2007 hearing, (3)
Paragraph A which requires her to refrain from consulting with other attorneys with
respect to those attorneys’ clients who are parties before the Bankruptcy Court, and (4)
Paragraph G which requires her to provide the United States Trustee with the names of
all persons who paid her money for legal services from the period June 1, 2006 through

July 23, 2007. Although Attorney Fullwood, through counsel had consented in

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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substance to the August 7, 2007 Order, and indeed had the opportunity to review the
proposed order submitted by the United States Trustee, many of the foregoing
provisions to which she now objects have been satisfied and/or otherwise dealt with in
the August 23, 2007 order of the Massachusetts Supreme Judicial Court in /n re Julia
Ann Fullwood, BD-2007-069, a copy of which is attached hereto (the “SJC Order’).

After reviewing the Motion to Alter or Amend, the opposition of the United States
Trustee, and all relevant documents, including the SJC Order, it is hereby ORDERED
that the August 7, 2007 Order [docket #29] is amended as follows:

1. Counsel for Attorney Fullwood represented that files have been made
available through him or the Hampden County Bar Association. Moreover paragraph
2(e) of the SJC Order requires Attorney Fullwood to make her files available and
therefore Paragraph F is stricken and is replaced with paragraph 2(e) of the SJC Order,
incorporated herein by reference.

2. Counsel for Attorney Fullwood represented that letters, incorporating
language and suggestions made by the United States Trustee have been sent to
Attorney Fullwood’s clients who have cases pending in the United States Bankruptcy
Court for the District of Massachusetts. Moreover paragraph 2(c) of the SJC Order
requires Attorney Fullwood to provide notice to her clients and therefore Paragraph D is
stricken and is replaced by paragraph 2(c) of the SJC Order, incorporated herein by
reference.

3. Because Attorney Fullwood has agreed to cease and refrain from
representing clients before the United States Bankruptcy Court for the District of
Massachusetts (and subsequently to the entry of the August 7, 2007 Order was placed

2

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on disability inactive status by the SJC Order and thus is ineligible to practice law) but
has agreed to cooperate in the transition of her cases to successor counsel, Paragraph
A of the August 7, 2007 order is clarified to mean that she is not prohibited from
communicating with successor counsel for the purpose of transitioning her cases. The
Court rejects her argument that only advising clients constitutes the practice of law and
reiterates its previous order that she is not to advise or consult with other attorneys
regarding the handling of legal matters.

4. With respect to paragraph G of the August 7, 2007 Order, Attorney Fullwood
has been ordered by paragraph 2(f) of the SJC Order to “refund any part of any fees
paid in advance that have not been earned....” Moreover, this Court has entered an
order requiring Attorney Fullwood to file fee applications in all of the pending Chapter 13
cases in which she represented the debtor. Because of the concern that there may be
individuals who are not debtors in cases before the Court but believe that Attorney
Fullwood is their attorney, Attorney Fullwood is to compile a list of all persons who,
whether or not they paid money to Attorney Fullwood, consulted with Attorney Fullwood
with the expectation that Attorney Fullwood would represent them, including filing
bankruptcy petitions on their behalf but on whose behalf no petition was ever filed.
Upon compilation of the list, Attorney Fullwood’s counsel has agreed to send those
individuals letters similar to the letters already sent to Attorney Fullwood’s known
clients. Upon completion of the mailing of those letters, counsel for Attorney Fullwood
shall file an affidavit attesting to the mailing of the letters to any such identified ©

individuals.

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5. The August 7, 2007 Order remains unchanged in all other respects.

Dated: August 31, 2007

el B. Rosenthal
nited States Bankruptcy Judge

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- COMMONWEALTH OF MASSACHUSETTS

.
SUFFOLK, SS. : SUPREME JUDICIAL COURT
: , FOR SUFFOLK COUNTY
NO: BD~2007-069

.
IN RE: JULIA ANN FULLWOOD |

ORDER OF DISABILITY INACTIVE STATUS

for Disability Inactive’ Status pursuant to: Supreme Judicial Court
Rule 4:01, $..13, (2), filed by Bar Counsel on august 2, 2007.

‘The parties having waived hearing and assented to an order of
| , _
disability. inactive status, it is ORDERED that:

1. JULIA ANN FULLWOOD shall be placed. on disability

- inactive ‘status: from the practice of law in the Commonwealth

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ti uxt pursuant to uprieme Judicial

Court Rule 4:01, s. 13, (2) effective immediately pon the entry

of this Order.

It-is FURTHER ORDERED that:

2, Within fourteen (14) days of the date of entry of this

Order, the lawyer shall: 7 |

a) file a notice of withdrawal as of the effective

date of the disability inactive status with every court,

agency, or tribunal before which a matter is pending, together
with a copy of the notices sent purs suant to paragraphs 2(¢) and

2(d) of this Order, the clierit’s.or clients’ place of residence,

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_and the case caption and docket number. .Of the elient’s or

clients’ proceedings; 7
b) resign as of the effective date of- the disability
- inactive status all appointments as guardian, executor,
administrator, trustee, ‘attorney-in-fact, or lother
fiduciary, attaching | to the resignation a cody of the
notices sent to the wards, heirs, or beneficiaries pursuant
to paragraphs 2(c) and 2 (a) of this Order, the place of
: _ residenée Of the wards, heirs, or: beneficiaries, and the
case: caption and docket number of the proceedings, if any;
¢c) provide notice to all clients arid to all wards,

heirs, and beneficiaries that the lawyer’ has been placed on

“disability anactive status; that she is dis qalifie from
acting asia lawyer after the effective date de the
disability inactive status; and that, if not represented by
co-counsel, the client, ward, heir, or ener iciary should
act promptly to substitute another lawyer or fiduciary or to
seek légal advice elsewhere, calling attention to any
urgency arising from the circumstances of thel case;

- _ =A) “provide notice to .counsel . ‘for. all parties (or, in
the absence of counsel, the parties s) in pending matters that
the lawyer has been placed on disability inactive status

and, asa consequence, is disqualified from aict ing asa
lawyer after the effective date of the disability inactive
status; — oo. . | |

/. @) make available to all clients being! represented in
pending matters any papers or other Property te which they
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3 I .
are entitled, calling attention to any urgency for obtaining
the papers or other property; . . ; :
ft) refund any part of any fees paid in advance that
have not been earned; and |
‘g) close every TOLTA, client, trust or| other
fiduciary account. and properly. disburse or. > otherwise transfer ai)
client and fiduciary funds in her possession, custody or control.
All notices required by this paragraph shall be served by .
“certified mail, return. receipt requested, in a for approved by
the Board. _ , :
3. Within twenty-one (21) days after the date of entry of
this Order, the lawyer shall file with the Office of the Bar
Counsel an affidavit certifying that the lawyer has fully
‘complied with the provisions of this order and with bar.
disciplinary rules. Appended to the affidavit of compliance

shall be;
a) a copy of each form of notice, the hames and
addresses ef the clients, wards, heirs, beneficiaries,
attowneys, courts -and. Sgnesies to weit notices: were’
sent, and all return rec pts or returned mail received up
to the date of the a ticavie Supplemental affidavits shall
' be filed covering subsequent -return receipts and returned
mail. Such names and addresses of clients shall remain .
confidential unless otherwise requested in writing by the

. lawyer or ordered by the court; ot

b) a schedule showing the. location, title and account
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number of every bank account designated as anj IOLTA, client,
trust or other Fiduciary account and of every, account in
which the lawyer holds or held as of the entry date of this
Order any client, trust or fiduciary. funds;
¢) a schedule describing the lawyer’s disposition of

all client and fiduciary funds in the lawyer’s possession,
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‘custody or control as of the. entry date of this Order or

thereafter; . |

a) such proof of the proper distribution of such funds
and the closing of such accounts as has been jrequested by-
the bar counsel, including copies of checks and: other

instruments; 7 '
é) a list of all other state, federal and
‘administrative jurisdictions to which the lawyer is admitted
to practice; ‘and . . . |
| £) the xesidence or other street address where
communications to the lawyer May thereafter be directed.

the Lawyer ‘shall- ‘retain copies of all notices sent! and shall

"ieiatain vonptabe seanets 9 the atepe fake to comply with the

- requirements of Supreme Judicial Court Rule 4:01, s. 17.

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4. Within twenty-one (21) days after the entry date of.
this Order, the lawyer shall file with the Clerk of the Supreme

Judicial Court for Suffolk County:
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a) ia copy of the affidavit of compliance required by

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‘paragraph 3.90£ this order;

b) a list of all other state, federal and
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administrative jurisdictions to which the lawyer is admitted’

to practice; and

¢) the residence or other street address where

communications to the lawyer may thereafter be directed.
!
By the Court (Cordy, J.),
!

-Assistant Clerk

Entered: August 23, 2007