Supreme Judicial Court hears appeal in Edward A. Sargent discipline case over IOLTA misuse and restitution

The Supreme Judicial Court heard argument in the appeal of a single-justice decision upholding discipline for attorney Edward A. Sargent, whose misuse of funds from his IOLTA account in early 2019 resulted in proceedings over whether he should be disbarred or receive an indefinite suspension.

At oral argument, Thomas Fallin, counsel for Sargent, told the court he does not “excuse” Sargent’s taking of IOLTA funds but asked the justices to consider the lawyer’s dire financial circumstances and caretaking responsibilities for elderly parents when weighing mitigation. Fallin said his client was admitted to practice in February 2002, worked for a firm from February 2002 to February 2005, and has been a solo practitioner since then. He said Sargent’s parents returned from Florida in 2017 and that Sargent gave up a criminal practice that previously provided steady biweekly checks, leaving him financially strapped in 2019.

First Assistant Bar Counsel Joe Macaleski argued for upholding disbarment. Macaleski told the court the record shows intentional deprivation of funds and…