Opinion
No. 2023-160-M.P.
06-09-2023
In the MATTER OF Matthew R. REILLY, Esq.
Kerry Reilley Travers, Esq., Chief Disciplinary Counsel, for Petitioner. Michael J. Lepizzera, Jr., Esq., for Respondent.
Kerry Reilley Travers, Esq., Chief Disciplinary Counsel, for Petitioner.
Michael J. Lepizzera, Jr., Esq., for Respondent.
ORDER
On May 19, 2023, the Court's Chief Disciplinary Counsel filed an Emergency Petition for Immediate Interim Suspension and for the Appointment of Disciplinary Counsel as Special Master, pursuant to Article III, Rule 5(b)(6) of the Supreme Court Rules, against the Respondent, Matthew R. Reilly, Esq. The Emergency Petition came before a single justice of this Court, sitting as Duty Justice. After consideration of the Emergency Petition, an Order dated May 19, 2023, was entered, temporarily suspending the Respondent from the practice of law in this state on an emergency basis, effective immediately and until further order of the Court. The Order also appointed, effective immediately, Chief Disciplinary Counsel Kerry Reilley Travers as temporary Special Master authorized to take possession of the Respondent's client files to inventory same and to take whatever steps deemed necessary to protect the clients’ interests, including but not limited to returning the files to the clients or new counsel of each client's choice, and to have full access to the Respondent's former law office and files in order to carry out her duties. The Order stated that the Emergency Petition would be heard by the full Court at its next regularly-scheduled conference, and that the Respondent must file a response by 2:00p.m. on Tuesday, May 23, 2023, if he elected to respond to the Emergency Petition.
This matter was presented before this Court at our conference held on June 8, 2023. After consideration of Disciplinary Counsel's Emergency Petition, Respondent's Response, and subsequent supplemental filings by both parties, the following is ordered:
1. In furtherance of protecting the public and maintaining the integrity of the legal profession, it is ordered, adjudged, and decreed that the Respondent remains temporarily suspended from the practice of law in this state on an emergency basis, effective immediately and until further order of this Court.
2. Chief Disciplinary Counsel Kerry Reilley Travers remains temporary Special Master over Respondent's client files, authorized to take possession of the Respondent's client files to inventory same and to take whatever steps deemed necessary to protect the clients’ interests, including but not limited to returning files to the clients or new counsel of each client's choice. Disciplinary Counsel is authorized to have full access to the Respondent's files in order to carry out her duties.
3. Chief Disciplinary Counsel Kerry Reilley Travers is hereby further appointed temporary Special Master to take possession of the Respondent's clients’ accounts, IOLTA accounts, business accounts and operating accounts. Regarding the Respondent's banking accounts, the Special Master is given sole and exclusive access to the following accounts heretofore controlled by Respondent, either solely or jointly: business and operating accounts; trust accounts, including special trust accounts; clients’ accounts; IOLTA accounts; estate accounts; and any and all other accounts related to Respondent's law practice that he uses presently or has in the past utilized for the deposit and maintenance of fiduciary and/or clients’ funds and fee advances. The foregoing list of accounts shall also include any accounts where the Respondent serves as an agent, special agent, trustee, personal representative, executor, power of attorney, or custodian. The Special Master shall have sole control over these above-described
accounts, to the exclusion of the Respondent, until further order of this Court. By this Order, the Court prohibits Respondent or any of his agents from withdrawing or transferring funds from the aforementioned accounts.
4. Respondent is hereby ordered to fully cooperate with Disciplinary Counsel to effectuate the Order of this Court.
Entered as an Order of this Court this 9th Day of June 20, 2023