Two Reinstated In Rhode Island

The Rhode Island Supreme Court has reinstated two attorneys.

One matter involved non-practice-related crimes

On October 15, 2014, the petitioner, Steven A. Murray (petitioner or Murray), entered a plea of nolo contendere to one count of felony assault in violation of G.L. 1956 § 11-5-2. He was sentenced to a three-year term of imprisonment, which was suspended with probation. Conditions of his probation included substance-abuse counseling. On that same date, petitioner also entered a nolo contendere plea to a misdemeanor charge of operating a motor vehicle while under the influence of intoxicating liquor, in violation of G.L. 1956 § 31-27-2. He was sentenced to a one-year term of imprisonment, also suspended with probation, to be served concurrently with the sentence in his felony assault conviction.

He was suspended for 18 months

Disciplinary Counsel noted that petitioner had successfully completed his probationary terms for his convictions, no new offenses had occurred, that petitioner was actively involved in substance-abuse treatment, and there was no information that petitioner was currently abusing alcohol. Counsel recommended that any reinstatement be conditioned on petitioner continuing in substance-abuse treatment.

We considered this petition at our conference on November 16, 2017. After hearing the parties, we concluded that we were not satisfied that petitioner had taken adequate steps to confront and overcome his history of alcohol abuse. We continued this matter for six months, encouraged petitioner to more actively participate in substance-abuse programs, and directed him to provide Disciplinary Counsel with a specific treatment plan and submit monthly written reports to Disciplinary Counsel regarding his compliance with that plan.

This matter was again before Court at its conference on May 30, 2018. Petitioner has taken, and is continuing to take, appropriate steps to address his alcohol abuse. Disciplinary Counsel has not uncovered any information, other than petitioner’s above-noted convictions, that reflect adversely on petitioner’s current fitness to be reinstated.

Notably

A criminal conviction does not create an insurmountable obstacle to the resumption of the practice of law.

The other involves a practice-related disbarment

On January 10, 2003, while facing formal disciplinary charges alleging serious financial mismanagement of his law firm client account, the petitioner submitted an affidavit to this Court acknowledging that he would not contest the allegations, freely admitting that he had diverted client funds for an improper purpose, and voluntarily consenting to his disbarment from the practice of law in this state.

The petitioner was admitted to the practice of law in this state in 1989. During his legal career, petitioner served as a Special Assistant Attorney General, an Assistant City Solicitor and was engaged in the private practice of law. Prior to 2002, petitioner was not the subject of any  allegations of professional misconduct. However, beginning at approximately that time, petitioner engaged in conduct that led to his disbarment.

The petitioner practiced law in a partnership with another attorney that he met while the two were in law school. The petitioner concentrated his practice in the area of representing plaintiffs with personal injury claims. His partner practiced in the area of criminal defense. The petitioner maintained the law firm accounts and managed the practice. His partner relied on petitioner to run the office and pay the costs of maintaining the practice. They would then share in the income of the law firm.

However, the practice was not generating sufficient income to cover all of the office expenses and compensate the employees, petitioner, and his partner. The petitioner did not advise his partner that the practice was not as successful as it appeared to be. Rather, in order to pay office expenses, his partner, and himself, petitioner began to divert funds held in the law firm client account that had been earmarked to pay the medical bills of personal injury clients.

It was only a matter of time before the medical providers noticed they were not being paid. The petitioner’s partner first became aware of petitioner’s misconduct when the medical providers began contacting the office inquiring about their payments. The petitioner abruptly left the practice, and only then did he disclose what he had done to his partner.

The mer its

Disciplinary Counsel has advised this Court that he has uncovered no evidence of any conduct by petitioner during the fifteen years he has been disbarred that raises a question as to his present moral fitness. Petitioner has been self-employed, performing title examinations for other attorneys; all attest that his work has been exemplary. Numerous
attorneys have submitted letters to this Court attesting to petitioner’s character and recommending his reinstatement. Petitioner has been actively involved in his community, coaching youth baseball and basketball.

However, the nature of petitioner’s past misconduct is of great concern to this Court. The petitioner diverted in excess of $400,000 of client funds in his misguided effort to keep the law firm solvent. When he abruptly left the practice, petitioner’s now-former partner was saddled with those unpaid bills. Fortunately for the clients, the partner was able to resolve or compromise these outstanding debts on the clients’ behalf by paying them out of his own funds. We note that petitioner’s former partner has neither supported nor objected to this petition.

He is reinstated on “strict supervision. (Mike Frisch)