Kenneth Dascoli filed a complaint against Arthur Kelly, Esq., on August 10, 2015. Dascoli alleges that Kelly deprived him of a fair trial in a criminal matter, essentially due to lack of preparation. The lack of preparation consisted of failing to visit the complainant while he was being held in jail, failing to interview witnesses, and failing to prepare for trial. Kelly has allegedly violated Mass.R.Prof.C. 1., 1.3, and 8.4(d).
On December 7, 2009, Kenneth Dascoli was at the home of his ex-wife with his current girlfirend, his ex-wife’s friend, and Dascoli’s half-brother. Dascoli and his half-brother consumed a significant amount of alcohol when a verbal argument developed. The argument escalated and Dascoli’s brother followed him out to his vehicle, where he allegedly began to punch him. Dascoli claims that in self-defense he stabbed his brother in the eye with a pen. Dascoli’s brother retreated to his own vehicle and eventually called 911; he was transported to the hospital and underwent surgery to repair damage to his eye.
Ultimately, Dascoli was arrested for the offense, and on December 8, 2009, Attorney Arthur Kelly was appointed in Waltham District Court to represent Dascoli in the matter. Dascoli was charged with A&B, A&B w/DW, and Mayhem. After the arraignment a probable cause hearing date was selected, however the date was moved several times at the request of the Commonwealth and eventually Dascoli was indicted in Superior Court. Leading up to the indictment Kelly met with Dascoli once at MCI Concord on the eve of the trial to discuss the case. It appears that this was the only time Kelly went to visit his client.
After the indictment Kelly filed a notice of appearance on March 15, 2010, and...
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...roblematic in this case, but contrary to his contention, this is not attributed to me.” The next step in this investigation would be to have Kelly come into the office for an interview. Several questions remain unanswered, such as what did he discuss with the percipient witnesses and when did the conversations take place, as well as what was his understanding of the victim’s whereabouts during the life of the case.
RESPONDENT’S HISTORY WITH THE OFFICE OF THE BAR COUNSEL
Kelly was admitted to the bar on June 19, 1985. This case is his first official complaint; however he has had twelve ACAP calls since 2000. The majority of the callers seem to be clients who felt that Kelly did not represent them to the best of his ability. It certainly seems as if other clients have felt the same as Dascoli, but for whatever reason they did not go forward with their complaint.
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