Reciprocal Discipline Imposed

The Rhode Island Supreme Court imposed reciprocal discipline in a matter where the attorney responded to notice but failed to demonstrate a reason t o depart from the sanction of a four year suspension imposed in Massachusetts

This court directed respondent to appear before us at our conference on May 11, 2017.  The respondent failed to appear. Accordingly, we decide this petition based upon the information submitted by Disciplinary Counsel and respondent’s reply of June 20, 2016. After review of the record, we determine respondent has failed to show cause why identical reciprocal discipline should not be imposed.

The respondent’s conduct giving rise to these proceedings is as follows. First, while respondent was serving as the secretary and trustee of a corporation created for the purpose of developing real estate, she converted real estate that properly belonged to the corporation to her own use by amending the name of the grantee of a deed to the corporation to her own name, and recording the amended deed. She then recorded deeds to different units in the real estate development to herself and her mother, leased and sold units for profit, and subsequently lied under oath about having done so.

Second, while acting as a real estate broker, respondent made material misrepresentations to buyers that a condominium unit had not sustained water damage, when she knew that the unit had in fact suffered from water in the basement. When the buyers subsequently filed a civil action based in part on her misrepresentations, respondent gave false testimony during both her deposition and at a subsequent trial. A judgment was entered against respondent in that litigation in the amount of $45,000, doubled pursuant to Mass. Gen. Laws ch. 93A, and she was also ordered to pay the buyers reasonable attorneys fees and costs.

Third, while representing a client in a real estate transaction respondent received $10,000 from the client to be held in trust. The respondent withdrew the funds to her own use. Forty-five days later respondent made restitution of those funds.

Finally, respondent failed to cooperate with the Board of Bar Overseers during the disciplinary investigation of her misconduct. Additionally, she gave false testimony at the ensuing disciplinary hearing, and presented fabricated evidence.

 Massachusetts had been fair to the attorney

We determine that respondent has failed to show, and the record does not reveal, that any of the above-noted reasons that would cause us to refrain from imposing identical discipline are present in this matter. The respondent was provided with a seven-day evidentiary hearing before the Massachusetts Board of Bar Overseers at which eighty-nine exhibits were introduced into evidence. She was represented by counsel throughout the hearing, and testified on her own behalf. She had a further hearing before a justice of the Supreme Judicial Court, and filed an appeal of the order of suspension, an appeal which she voluntarily withdrew. She received all of the process to which she was due. Our review of the record reveals no infirmity of proof that would cause us to reject the conclusion of the Supreme Judicial Court that respondent has committed serious misconduct.

(Mike Frisch)