Bruzga's Case

BRODERICK, j.

We have accepted several questions transferred without ruling by a Judicial Referee {Dunn, J.), requiring us to determine whether and to what extent the doctrine of offensive collateral estoppel applies to attorney discipline proceedings. We conclude that it may apply when the burden of proof in a prior proceeding equals or exceeds the clear and convincing burden governing the disciplinary proceeding. For the reasons recited below, however, we hold that collateral estoppel does not apply in the present case, and remand.

The Superior Court {McHugh and McGuire, JJ.), approving the…