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Boston — A lawyer for an attorney facing possible disbarment for a scheme to deceive a judge’s former law clerk while investigating a former judge’s possible bias in a case filed a brief with the Massachusetts Supreme Judicial Court this month requesting leniency. The state’s Board of Bar Overseers recommended disbarment for Kevin Curry and two other attorneys involved in the scheme, which involved setting up fake job interviews to question the former clerk. Since “highly responsible lawyers differ about whether appellant’s conduct was unethical, it is grossly unfair and unjust to disbar appellant in a case which introduces a new rule,” wrote Curry’s attorney Terry Philip Segal, a special counsel in Duane Morris’ Boston office. In the Matter of Kevin P. Curry, No. SJC-09904. “This Court may well decide that the bar would benefit from clear guidance on such ethical issues as interviewing former law clerks and conducting deceptive job interviews,” Segal wrote. Segal expects the case to be argued in September. The lawyer for former state and federal prosecutor Gary G. Crossen has yet to file a brief in a related case. In the Matter of Gary C. Crossen, No. SJC-09905. The third lawyer, Richard K. Donahue Sr., was suspended for three years on Dec. 7.

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