In the Matter of the Discipline of an Attorney

NOTICE: All slip opinions and orders are subject to formal

revision and are superseded by the advance sheets and bound

volumes of the Official Reports. If you find a typographical

error or other formal error, please notify the Reporter of

Decisions, Supreme Judicial Court, John Adams Courthouse, 1

Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-

1030; SJCReporter@sjc.state.ma.us

SJC-11673

IN THE MATTER OF THE DISCIPLINE OF AN ATTORNEY.

December 23, 2014.

Attorney at Law, Disciplinary proceeding. Practice, Civil,

Intervention, Moot case. Moot Question.

Gregory Langadinos filed a motion in the county court

seeking to intervene in a bar discipline proceeding claiming

that the individuals involved in the proceeding, including

assistant bar counsel, the attorney who was the subject of the

proceeding, the attorney's counsel, and the witnesses, engaged

in a conspiracy to "vilify" him. Langadinos is a former

employee of the attorney. He also claims that he is a former

client, and that, among other things, the attorney sought to

blame the attorney's own wrongdoing, which was the basis for the

disciplinary proceeding, on Langadinos. A single justice denied

the motion to intervene, and Langadinos appeals. We affirm.

Because the bar discipline proceeding in which Langadinos

sought to intervene is now concluded, his appeal is moot.1 See

Rasten v. Northeastern Univ., 432 Mass. 1003 (2000), cert.

denied, 531 U.S. 1168 (2001). Even if we were to consider the

appeal on the merits, we would not disturb the single justice's

ruling. Langadinos claims that he has a right to intervene

pursuant to Mass. R. Civ. P. 24 (a) and (b), 365 Mass. 769

(1974). The rules of civil procedure, however, do not apply in

bar discipline proceedings. See Mass. R. Civ. P. 81 (a) (1), as

amended, 450 Mass. 1405 (2008). Furthermore, the rule that does

apply, S.J.C. Rule 4:01, does not contemplate intervention by a

private individual, and Langadinos has no right to be a party to

1

The attorney was suspended from the practice of law for

six months and one day.

2

the bar discipline proceedings. Cf. Matter of the Petition of

Smallwood, ante (2014) (private individual may file complaint

with Commission on Judicial Conduct and may participate as

witness in commission proceeding but is not party); Gorbatova v.

First Assistant Clerk of the Supreme Judicial Court for the

County of Suffolk, 463 Mass. 1019 (2012) (private individual may

file complaint with Board of Bar Overseers and participate as

witness in board proceeding but is not party); Matter of a

Request for an Investigation of an Attorney, 449 Mass. 1013,

1014 (2007) (private individual cannot commence judicial action

challenging bar counsel's decision not to pursue complaint

against attorney).

Order denying motion to

intervene affirmed.

The case was submitted on the papers filed, accompanied by

a memorandum of law.

Gregory Langadinos, pro se.