VALERIANO DIVIACCHI VALERIANO DIVIACCHI.
Private citizen Valeriano Diviacchi pursuant to the First Amendment states the following regarding SJC Case 12025, In Re Valeriano Diviacchi in which the undersigned Valeriano Diviacchi was the only attorney who had the courage to speak honestly and truthfully to the best of his knowledge and ability; who was the only attorney willing to handle a complex, difficult case on an honest and reasonable fee basis; who was willing to do so despite being out-of-state attending his daughter’s college graduation at most material times (something no judge or BBO member could be bothered to consider nor even to mention); who represented his client in such a competent and diligent manner that his client avoided default, foreclosure, and true bankruptcy that would have been the undisputed result without his representation; and who committed no act of perjury nor intentional misrepresentation as falsely claimed in this case unlike the other attorneys involved who used his honest work and the deceptions of his client to collect their dishonest fees and to falsely disparage his work and experience to benefit themselves.
Private citizen Valeriano Diviacchi pursuant to the First Amendment states to the following specific individuals and generally to the American system of Injustice:
— To the “moral busybodies” of the Supreme Judicial Court who through appointment by a few, absolute immunity for their decisions, and life tenure have become a modern House of Stuart Star Chamber so accustomed to stating fact and “law” as necessary to enforce their own personal ruling class ideology that they have become incapable of differentiating fact from fiction and whose fear of losing their power prevents them from dealing honestly with the miserable lives who have the misfortune of appearing before them (remember the words of Upton Sinclair, “judges are not bought, they are selected”);
— To the glorified bookkeepers that call themselves Bar Counsel and Board of Bar “Overseers” consistent with their plantation heritage and mentality whose only knowledge of ethics is how to spell it and including but limited to the hypocritical, delusional, sycophant, bigots who were involved in the above case who were and are willing to have their personal emotional dislike and professional jealousy of an individual they consider beneath their class serve as a basis for financial, personal, and familial punishment of that individual;
— To the fine, upstanding members of the post-modern cult called “the Bar” everywhere whose ignorance of history, the cowardice of the many, and the power of the few with the ability to contort ruling class rules of etiquette and self-interest into a recognizable and enforceable ethical standard makes them willing to destroy lives both physically and spiritually;
And last by not least to my former client Camilla Warrender, I state:
I did nothing morally wrong in this case other than to naively expect honesty and forthrightness from my client, the Bar, and the justice system. A mistake no honest trial attorney should make or they will wind up as I have in this case in which the published facts have little if any relation to what actually happened. Remember the words of C.S.Lewis:
“Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.”
/s/ Valeriano Diviacchi
My publicly filed summary of facts for SJC Case 12025, In Re Valeriano Diviacchi:
The full record is available for review upon request.
Mr. Valeriano Diviacchi
Born: Pula, Yugoslavia on 28 January 1958
Phone: (617) 542-3175, Fax: (617) 542-3110
Presently attending Masters Program at New York University in the Graduate School of Arts and Sciences Center for Experimental Humanities
Harvard Law School – 1985-88 Juris Doctor
University of Illinois at Chicago – 1982-85
Bachelor of Arts in Philosophy, a Minor in Mathematics.
Graduation with Class Honors and Departmental Distinction.
Completion of Scrum Master Course taught by co-creator Jeff Sutherland
United States Navy. 1976-82.
Served in the Submarine Service as a nuclear propulsion plant operator on the USS LaFayette SSBN 616; USS Skipjack SSN 585; and the USS Drum SSN 677.
Diviacchi Law Office; October, 1992 to 2015; general plaintiff’s trial practice with concentration in lender liability, bad faith insurance practices, attorney malpractice, civil rights, and criminal defense trial and litigation.
Kehoe & Crosson; October, 1989 to October, 1992; civil and criminal trial & litigation.
Law Offices of Daniel G. Davis, Los Angeles, CA.; May, 1989 to September, 1989; legal research and case material preparation for the Raymond Buckley/ McMartin Pre-school criminal defense team.
Los Angeles County Public Defender’s Office, CA.; August to December, 1988; legal research and client interviewing and case investigation.
Committee for Public Counsel Services, Cambridge, MA.; February to May, 1988; representation of defendants before the Massachusetts District Courts.
Harvard Prison Legal Assistance Project, Cambridge; MA.; 1985-88; representation of inmates at prison disciplinary hearings, parole hearings, a commutation hearing, and legal research.
Jamaica Plain Legal Services Center, Boston, MA.; September, 1987 to February, 1988; immigration law services and legal research.
Finley, Kumble et al, Washington, D.C.; 1987; legal research in the civil litigation, food & drug, and international law departments.
Cook County State’s Attorney, Chicago, IL.; 1986; legal research and investigation.
Important Published Decisions:
Foley v. Wells Fargo,
772 F.3d 63 (1st Cir. 2014)
Mulcahy v. Sullivan,
2013 Mass.App.Div. 141 (2013)
Stone v. Caswell et al,
963 F.Supp.2d 32 (D.Mass. 2013)
Broderick v. PNC Mortg. Corp.,
— F.Supp.2d —-, 2013 WL 1187111 (D.Mass. 2013)
Robinson v. Cook,
706 F.3d 25 (1st. Cir. 2013)
Crocker v. Townsend Oil Co., Inc.,
464 Mass. 1 (2012)
Inman v. Siciliano,
2012 WL 1980408 (D.Mass. 2012)
Sandman v. Quincy Mut. Fire Ins. Co.,
81 Mass.App.Ct. 188 (2012)
Silva v. City of New Bedford,
660 F.3d 76 (1st Cir. 2011)
Spencer v. Roche,
659 F.3d 142 (1st Cir. 2011)
Goldman & Pease, LLC v. Collins,
2011 Mass.App.Div. 240 (2011)
Frappier v. Countrywide Home Loans, Inc.,
645 F.3d 51 (1st Cir. 2011)
Middlesex Mut. Assur. Co. v. Puerta de La Esperanza, LLC,
2011 WL 1361552 (D.Mass. 2011)
In re Yacovi,
411 Fed.Appx. 342, 2011 WL 924244 (1st Cir. 2011)
Largo Realty, Inc. v. Purcell,
77 Mass.App.Ct. 162 (2010)
Middlesex Mut. Assur. Co. v. Puerta De La Esperanza, LLC,
723 F.Supp.2d 294 (D.Mass. 2010)
Mulcahy v. Salerno,
2010 Mass.App.Div. 225 (2010)
Mace v. Domash,
383 Fed.Appx.2, 2010 WL 2689376 (D.C. Cir. 2010)
Alicea v. McGuire,
2010 WL 817481 (D.Mass. 2010)
Mercuri v. Newhouse,
2009 WL 6361869 (Mass.Super. 2009)
In re Rodman,
2009 WL 1375559 (Bkrtcy.D.Mass. 2009)
Liss v. Studeny,
450 Mass. 473 (2008)
Sherbert v. Remmel,
2006 ME 116 (2006)
Fistel v. Favaloro,
63 Mass.App.Ct 651 (2005)
Andrews v. Elwell,
367 F.Supp.2d 35 (D.Mass. 2005)
McMillan v. Westport Ins. Corp.,
19 Mass.L.Rptr. 55 (Mass.Super. 2004)
Delelegne v. Kinney System, Inc.,
2004 WL 1281071 (D.Mass. 2004)
Cobb v. Gosnell,
2003 Mass.App.Div. 21 (2003)
Hannon v. Allen,
241 F.Supp.2d 71 (D.Mass. 2003)
Daley v. Harber,
234 F.Supp.2d 27 (D.Mass. 2002)
Chute v. Walker,
281 F.3d 314 (1st Cir. 2002)
Eck v. Kellem,
51 Mass.App.Ct. 850 (2001)
Berezin v. Regency Sav. Bank,
234 F.3d 68 (1st Cir. 2000)
In re Chute,
235 B.R. 700 (Bkrtcy.D.Mass. 1999)
U.S. v. Lara,
181 F.3d 183 (1st Cir. 1999)
Swasey v. Barron,
46 Mass.App.Ct. 127 (1999)
Bucuvalas v. U.S.,
98 F.3d 652 (1st Cir. 1996)
Fredericks v. Rosenblatt,
40 Mass.App.Ct. 713 (1996)
Thayer v. Clerk of Dist. Court of Barnstable,
421 Mass. 1001 (1995)
Representative or Significant Federal Court Trial Verdicts:
Plaintiff’s trial counsel in Philip Pattison et al v. Town of South Hadley et al with a verdict for the Plaintiff in this age discrimination/constructive discharge and public-figure-libel jury trial in Federal District Court for Massachusetts.
Plaintiff’s trial counsel in Perdoni Brothers, Inc. v. Concrete Systems, Inc. with a verdict for the Plaintiff in this construction/commercial sales contract jury trial in Federal District Court for Massachusetts and briefed and argued the successful appeal before the United States Court of Appeals for the First Circuit.
Representation to trial, settlement, and appeals of multiple civil rights plaintiffs including William Bennett and the Bennett family deriving from the Charles Stuart murder case.
Appointed defense counsel in United States v. Dennis Liberge et al, a multi-defendant, multi-count drug conspiracy jury trial in the Federal District Court for Maine and briefed and argued the appeal before the First Circuit.
Plaintiff’s counsel in the religious rights discrimination case of Ellis v. The Commonwealth of Massachusetts in which I successfully obtained the recognition of worship rights by imprisoned adherents of the God-centered culture The Nation of Gods and Earths.
Representative or Significant State Court Trial Verdicts:
Plaintiff’s trial counsel in New England Insurance v. Cape Cod Bank & Trust with a verdict for the Plaintiff in this complicated legal malpractice/lender’s liability/insurance law action in which the settlement offer was zero.
Plaintiff’s trial counsel in Mark Marinelli v. Bernard Shadrawy et al with a verdict for the Plaintiff in this complicated legal malpractice case involving bankruptcy law, arbitration law, and real estate development issues.
Defense/third-party plaintiff’s counsel in Lutin & Lutin v. MASSBANK for Savings et al with a verdict for the Defendant/third-party plaintiff in this complicated legal malpractice/lenders’ liability/title certification case in which the settlement offer was zero.
Plaintiff’s counsel in William Cranmore v. Greene et al with a verdict for the plaintiff in this complicated legal malpractice case involving a further underlying legal malpractice case lost by the defendant attorneys and M.G.L.c. 21E and title certification issues.
Defendant’s counsel in Commonwealth of Massachusetts v. Fassil. A criminal case in which charges against the Defendant of aggravated assault and battery and attempted rape of a minor were dismissed at trial.
Plaintiff’s counsel in Connors v. Pike et al with a verdict for the plaintiff in a complicated legal malpractice case involving underlying fraudulent conveyance, divorce, and trust issues in which the settlement offer was zero.
Plaintiff’s Counsel in a successful lawsuit challenging as a violation of freedom of speech the Board of Bar Overseers for disciplining an attorney who made derogatory remarks about them and forcing them to expunge it from his record.
Plaintiff’s counsel with a successful five-figure damages verdict in the civil rights/police brutality case of Bernstein v. Derek Markel and The Commonwealth of Massachusetts in which there was no settlement offer.
Plaintiff’s Counsel in the case of Mary Lingis v. Burton Waisbren in which the court awarded a six-figure damages verdict for unfair and deceptive acts that was trebled as punitive damages plus fees and costs under the Consumer Protection Act even though there was a finding of no negligence in the malpractice claim.
Seven figure settlement in civil rights and malpractice cases deriving from the Whitey Bulger murders.
Former Judge/Instructor in various mock trial and moot court programs such as at Suffolk University, Brandeis University, Harvard University, ABA, MBA, and Harvard Law School.
In addition to the above: I have been first chair trial counsel for over fifteen other federal court jury trials and I have prepared and filed over five certiorari petitions before the United States Supreme Court. I have briefed and argued over thirty other appeals before United States Courts of Appeals for various Circuits; have handled as first chair over sixty-five other jury trials and over twenty-five bench trials in the state courts of Massachusetts and three other states; and have briefed and argued over sixty appeals before the Massachusetts and Maine Appeals Courts and Supreme Judicial Courts. I was or am a member of the of the National Lawyers Guild; Association of Defense Counsel for the International Criminal Tribunal for the Former Yugoslavia; the Knights of Thermopylae Inn of Court; Veterans for Peace; United States Submarine Veterans; International Society of Dysfunctional Veterans; Massachusetts Bar Association; Boston Bar Association; and Veterans of Foreign Wars of the United States. Overall, I have been involved in approximately 1000 civil and criminal court cases in the state or federal courts of seven different states. A former Member of the Massachusetts, District of Columbia, and Maine State and Federal Court Bars and the U.S. Supreme Court Bar.