Lester W. Firstenberger, a Massachusetts attorney, appealed a judgment suspending him from the practice of law for six months and one day. The judgment was affirmed by the Appellate court.

Massachusetts Bar counsel filed a petition for discipline charging Firstenberger with misconduct in failing to disclose the existence of a second mortgage on a loan application, concealing the existence of the second mortgage from the first mortgagee, securing a mortgage discharge from the second mortgagee under false pretenses, and intentionally failing to record the second mortgagee's substitute second mortgage. At the time of these transactions, Firstenberger was employed by the second mortgagee as its senior vice-president and general counsel. Firstenberger denied any agreement or obligation to record the substitute second mortgage. A hearing committee of the Board of Bar Overseers (board) rejected the allegations of mortgage fraud and securing a mortgage discharge under false pretenses. It found, however, that Firstenberger knowingly undermined his former employer's security when he granted mortgages to his father-in-law and father, styled as "second" and "third" mortgages, knowing that the employer's mortgage had not been recorded. Considering this conduct to be in violation of Mass. Rules of Professional Conduct 8.4(c) and (h) , 426 Mass. 1429 (1998), the committee recommended that Firstenberger be suspended from the practice of law for a term of six months.

Both parties appealed to an appeal panel. After a hearing, the panel issued a report recommending the board adopt the hearing committee's findings of fact and conclusions of law, but recommending the respondent be suspended from the practice of law for six months and one day. Prior to being reinstated as an attorney, Firstenberger must pass the Multistate Professional Responsibilities Examination (MPRE).