Tuesday, February 7, 2017

The Rhode Island Supreme Court has imposed reciprocal discipline based on a Massachusetts disbarment

The facts giving rise to the respondent’s disbarment in the Commonwealth are briefly summarized as follows. In late 2008, the respondent was involved in a group drive of automobile enthusiasts in Massachusetts. Tragically, the driver of the vehicle immediately in front of the respondent’s vehicle struck and killed a pedestrian. The respondent was a potentially necessary witness in any future civil or criminal action that could ensue from this incident, and may also have been subject to possible civil liability due to his participation in the group drive.

Despite these glaring conflicts, the respondent offered to provide legal representation to the other driver, and failed to obtain his informed consent to the conflicts. The other driver was subsequently criminally charged for his actions leading to the death of the pedestrian. The respondent, who had limited experience representing defendants in criminal cases, provided woefully inadequate legal representation, including improperly advising the client and failing to timely obtain an opinion from an accident reconstruction expert. Moreover, the respondent made misrepresentations to the client regarding the nature of his legal fee, payments to the expert, and the payment of fees to co-counsel. The respondent intentionally misused approximately $17,500 that he had obtained on behalf of the client. He also entered into an improper business arrangement with this client relating to an agreement to repair and either lease or rent the client’s car.

The Sentinel & Enterprise reported on the accident and trial, in which the attorney represented the defendant.

Rhode Island attorney George Philip, who was driving behind Conant the day of the accident, represented him along with attorney Susan Turner.

Conant was the first in a line of BMWs driving up Wachusett Street when he went around a curve and lost control, said Assistant District Attorney Blake J. Rubin.

The BMW he was driving crossed the roadway and struck McCaffrey near the driveway of744 Wachusett St.

Police measured 284 feet of tire marks indicating where the car was sliding out of control, said Leominster Police Sgt. Ryan Malatos.

Leominster Police Sgt. Richard Kinney reconstructed the accident for the investigation and determined Conant's BMW was traveling about 62 mph in a 40 mph zone when it went into the spin.

The attorney appeared in response to a show cause order and had not opposed disbarment. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2017/02/the-rhode-island-supreme-court-has-imposed-reciprocal-discipline.html