From Suspension to Disbarment, A Cautionary Tale in Legal Ethics

In March 2025, the Massachusetts Supreme Judicial Court disbarred attorney Alex R. Hess for repeated neglect of client matters, misrepresentation, and practicing law while suspended. Despite prior discipline, including an 18-month suspension, Hess continued to accept retainers, fail to perform promised work, mislead clients and courts, and withhold unearned fees. The case underscores the profession’s zero-tolerance stance toward ongoing dishonesty and disregard for disciplinary orders.

 

Prior Suspension (18 Months)
In re Alex R. Hess, S.J.C. No. BD-2023-050, Order of Term Suspension (Mass. Nov. 13, 2023), effective Dec. 13, 2023.

Current Disbarment
In re Alex R. Hess, S.J.C. No. BD-2025-005, Judgment of Disbarment (Mass. Mar. 21, 2025).

March 21, 2025
A Single Justice of the Massachusetts Supreme Judicial Court (Justice Georges) entered a judgment ordering Hess’s disbarment, effective immediately.

Hess had previously been suspended for 18 months, effective December 13, 2023, due to multiple instances of neglect, misrepresentations, and improper IOLTA accounting.

While awaiting the suspension, Hess engaged in further misconduct promising legal services, collecting retainers, and failing to perform, across multiple matters, including appeals cases, federal court work, and bankruptcy cases.

Hess accepted retainers ($2,250 each), falsely held himself out as available, failed to file briefs, misled clients and the tribunal, and failed to return retainers timely causing the appeals to proceed without representation.

Despite not informing the client of his impending suspension, Hess accepted a $5,000 retainer, misrepresented that he had secured a certificate of good standing, never filed anything or sought admission, and only refunded after Bar Counsel’s intervention and demanded removal of a negative review before refunding.

Hess failed to withdraw post-suspension, did not inform the court, missed discovery deadlines, didn’t respond to a show-cause hearing, leading to revocation of his admission and dismissal of clients’ cases.

Hess’s conduct violated multiple Massachusetts Rules of Professional Conduct (MRPC) and demonstrated persistent disregard for client interests, court obligations, and professional honesty.

Hess’s misconduct wasn’t isolated it spanned multiple states, case types, and clients.
Clients lost appeals, had cases dismissed, or faced financial loss because of his inaction.

Lawyers hold fiduciary duties; deception and neglect in high volumes undermine confidence in the profession.
His continued practice while suspended shows blatant disregard for the legal system’s authority.

Hess’s activities in Massachusetts, Pennsylvania, and New Hampshire highlight the complications of enforcing discipline across state lines.
The case reinforces the need for better communication between state bars when attorneys work in multiple jurisdictions.

This case sets an example: engaging in unauthorized practice after suspension will likely lead to disbarment without a lengthy grace period.

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