Censure For “Foolishness To The Point Of Recklessness”
The failure to properly supervise a non-lawyer assistant (who also was a convicted felon) has led to an attorney’s public censure by the Rhode Island Supreme Court.
The relevant facts as determined by the board at a hearing on April 19, 2016, arise from the respondent’s association with Hassan Majid Hussein, a non-attorney who offered to provide assistance to members of the public who, as a result of financial need, were seeking to modify existing mortgage loans to reduce their debt burdens. Mr. Hussein, who had previously served a sentence in federal prison for criminal charges involving mortgage fraud, was under investigation by the Department of Attorney General based upon consumer complaints relating to his activities. In April 2013, the respondent represented Hussein at a meeting at the Attorney General’s office at which Hussein was advised that he could only continue to offer loan modification services if he worked under the direct supervision of a duly licensed attorney. The respondent and Hussein agreed that the respondent would act as that supervising attorney.
Not a great idea, as it turns out.
By allowing Hussein to meet with and receive payments from clients and by giving him free access to his law office account, the respondent created the opportunity for Hussein, a previously convicted felon, to victimize Antonelli and potentially other clients as well. The respondent failed in his obligation to safeguard Antonelli’s money.
The board found, and we agree, that McNelis did not benefit from and indeed was not even aware of Hussein’s actions relating to Antonelli. While he did not receive any of the funds taken by Hussein, he has repaid to date $9,100 of his own funds to compensate Antonelli for her losses. He has severed his connections to Hussein, and he has advised the board and this Court that he and his family have also been victimized by actions of Hussein.
However, McNelis’s belated remedial acts do not relieve him from his responsibilities under the Rules of Professional Conduct. His conduct as demonstrated in this matter constitutes foolishness to the point of recklessness. We note that this is not the respondent’s first brush with discipline, having previously received a public censure in a reciprocal matter arising from his suspension by the United States District Court for the District of Rhode Island. See In re McNelis, 103 A.3d 145 (R.I. 2014). In that matter, we concluded that his relative youth and inexperience (he was admitted to practice in 2010) warranted the imposition of less than a suspension.
(Mike Frisch)