In the Matter of Edward A. Sargent

Summary

The court affirmed the respondent's disbarment for intentionally misusing $8,000 in personal injury protection funds held in trust for payment of the client's medical providers. It held that the funds became due to the providers when the respondent received them after submitting proof of the medical expenses, and that diverting them for personal and business purposes caused actual deprivation even though the providers were later paid through MassHealth. The court also concluded that remorse, financial and emotional distress, and the later payment to the client's mother did not justify departing from disbarment.