Some of the most significant matters that we handle for our clients are those that we are able to resolve pre-charge, via private diversion, or by convincing investigators that our clients have engaged in no crime or misconduct. We receive profuse thanks, but often the most significant part of our advocacy in such cases is that it results in nothing at all – no charge and no reputational damage. Well, not nothing. These matters, which we carefully prepare with our clients, are stressful. They take months or years to resolve. They drain resources, mental health, and our clients’ time with their families. But when we are able to resolve a case without any public action, these silent victories are among our most satisfying successes for our clients. As we do in all of our cases, we develop case-specific strategies and we prepare ourselves and our clients at length. Here are some examples:
We represented a client at a clerk-magistrate’s hearing in the District Court. The charge would never have resulted in jail, but if the charge had issued, it would have caused our client to lose employment, impact professional licensure, and caused broader reputational harm. We approached the matter by preparing an exposition of our client’s mental health, which tended to explain the underlying facts. In that case, we convinced both the local police department and the clerk-magistrate that no charge was appropriate in the circumstances. This provided great relief for our client, and our approach was respectful of the investigators’ and court’s objectives.
We represented an attorney who was the subject of a professional discipline investigation. A common approach is to deny no matter what. That is ineffective when the facts are murky. Instead, we took the approach of explaining the response to the allegations, distinguishing the facts from serious misconduct, and giving Bar Counsel as much information as possible to provide comfort that the inexperienced attorney had developed practice management tools that would avoid any similar allegations. This approach, which took months of back and forth, and included presenting our client for an interview under oath led to a private admonition, saving this young attorney’s reputation.
We represented an attorney at a clerk-magistrate’s hearing in the Boston Municipal Court. Here, the attorney certainly denied the allegations he faced, because they were indeed false. In order to respond, we prepared our client to waive his Fifth Amendment privilege and testify as to what really happened. We also prepared detailed legal analysis about the flawed investigation that we presented to the clerk-magistrate. After a hearing, the clerk-magistrate denied the application, thereby preserving our client’s reputation, and denying a malicious investigation to proceed any further.
We represented a small health care company that was under investigation by the Attorney General for alleged improper marketing. In that case, we produced multiple rounds of documents in response to a civil investigative demand. We even produced our client for a deposition. To its credit, by the time the Attorney General began its investigation, the company had already ended the marketing campaign that the Attorney General was investigating. After extended back and forth, evidently satisfied, the Attorney General took no action against the company.
Butters Brazilian LLP represents clients facing consequential legal matters where experience, preparation, and strategy matter. Our practice areas include criminal defense, professional liability and disciplinary proceedings, civil litigation, investigations, survivors’ rights, and more.
We believe every case deserves an approach tailored to the people and circumstances involved. Our attorneys work closely with clients to understand the facts, identify the risks, and develop a strategy designed to achieve the best possible outcome—whether that means prevailing in court, resolving a matter privately, or preventing formal action altogether.
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