Board of Overseers of the Bar v. Clarence H. Spurling

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Docket No.: BAR-20-08

Issued by: Justice Valerie Stanfill

Date: May 28, 2021

Respondent: Clarence H. Spurling

Bar Number: 007416

Order: Order of Surrender

Disposition/Conduct: Surrender

ORDER;
M. BAR R. 25(d)

  1. This matter is before the Court on a Motion for Interim Suspension and an Information filed by the Board of Overseers of the Bar (the "Board"). After hearing, by Order dated September 4, 2020, the Court granted the Board's Motion for Interim Suspension.

  2. Pursuant to M. Bar R. 25(d) Defendant has submitted to the Court a Letter of Surrender of License ("Surrender"). Pursuant to M. Bar R. 25(d), Defendant has stated that the Surrender is freely and voluntarily rendered, he is not subject to coercion or duress, and he is fully aware of the implications of surrender. Defendant acknowledges, pursuant to M. Bar R. 25(d), that the material facts, or specified material portions of them, underlying the allegations are true or could be proven, if said facts are found to be credible by the Court.

  3. Defendant agrees that, pursuant to M. Bar R. 25(d)(4), he may be reinstated only upon petition filed in the Court after at least 5 years from the effective date of surrender. Defendant further acknowledges that he may not file such a petition unless he has remitted all outstanding amounts resulting from any claims paid out by the Lawyers’ Fund for Client Protection and any reasonable costs that the Board of Overseers of the Bar incurred in its prosecution of this matter. Those costs include transcript fees associated with the hearing on the related Motion for Interim Suspension.

  4. As of the date of this Order, Defendant’s Surrender is accepted by the Court, pursuant to the terms set forth in this Order.

  5. It is further Ordered that the Interim Suspension Order dated September 4, 2020 is hereby vacated and rendered moot. Defendant is prohibited from practicing law as of the date of this Order.

  6. It is further Ordered that the pending Disciplinary Information (Rule 13(g)), which includes a complaint by a former client and a sua sponte complaint regarding another former client, is hereby dismissed with prejudice, with the exception that in the event Defendant files a Petition for Reinstatement this Order does not prohibit Bar Counsel from requesting that the complaints be considered in that proceeding and allows the Grievance Commission and Court to consider all prior disciplinary history, including the two complaints discussed in this Order.

  7. Finally, it is Ordered that the September 15, 2020 Order for Appointment of Co- Receivers shall remain in effect until further order of this court.

Dated: May 28, 2021

Valerie Stanfill
Justice sitting by designation of the
Supreme Judicial Court