Case Caption: In re Suspension of Maxwell McIntosh, Esq.Case Number: S. Ct. Civ. No. 2012-0013Date: 10/10/2013Author: Per CuriamCitation: Summary:

In matters coming before the Court pursuant to the Office of Disciplinary Counsel's notice and motion for order directing payment of certain funds, along with a duly-executed "Offer to Consent Discipline," pursuant to which a suspended attorney consents to his disbarment and various other remedies as sanctions for numerous instances of ethical misconduct, the offer to consent is accepted and Disciplinary Counsel's motion is granted, as modified. Although it was filed by Disciplinary Counsel rather than the Ethics and Grievance Committee of the Virgin Islands Bar Association, the offer to consent is properly before the court, and in that offer the attorney admits to converting client property, failing to safeguard and segregate trust property, failing to respond to the new grievances filed against him, violating the terms of prior suspension orders, and failing to pay court-ordered fines and restitution in a timely manner. Based on these admissions, as well as the attorney's history of prior discipline, disbarment represents the appropriate sanction. In addition, emergency relief is appropriate on Disciplinary Counsel's motion regarding payment of funds, given the attorney's admission to knowingly converting client property, disregarding court orders, and refusing to pay restitution and fines despite having the means to do so. Thus, in order to ensure that the attorney meets his obligations to both the government and the grievants, the Office of Disciplinary Counsel is appointed as the receiver of the accounts receivable for the attorney's former law practice, and the Superior Court is directed not to issue any payments to the attorney directly. The Superior Court, as the court in which these matters are pending, shall exercise supervisory authority over the pertinent funds. After ascertaining the total amount of outstanding receivables, Disciplinary Counsel may submit a plan, for this Court's consideration, to determine how those funds may be released.

Attachment: Open Document or Opinion