Wednesday, October 14, 2015
The Rhode Island Supreme Court has imposed reciprocal discipline for an attorney's Massachusetts misconduct.
The facts giving rise to the respondent’s disbarment in the Commonwealth of Massachusetts are as follows. The respondent misappropriated not less than $40,000 from an escrow account established in a divorce matter pending in Massachusetts, did not pay those funds to the beneficiaries of the escrow account, and repeatedly failed to appear at scheduled court hearings. On April 21, 2015, he filed an affidavit with the Board of Bar Overseers of the Supreme Judicial Court acknowledging that he did not contest those facts, and resigned from the practice of law in the Commonwealth. The Supreme Judicial Court accepted that affidavit and disbarred the respondent.
The respondent has not provided this Court with any claim why the identical discipline should not be imposed in this state. We believe that the facts warrant the imposition of the same discipline. Accordingly, the respondent, David M. Fleury, is hereby disbarred from the practice of law in this state, effective immediately.
Note that the Massachusetts anction was imposed in late May 2015. Many courts are much slower in their response to discipline imposed in other jurisdictions. (Mike Frisch)