RHODE ISLAND – 2017 Opinion Publicly Censures Rhode Island Attorney in HOA Foreclosure Cases

2017 Opinion Publicly Censures Rhode Island Attorney in HOA Foreclosure Cases
Rhode Island Supreme Court Case #2017-258-M.P.
2017 opinion publicly censuring a Rhode Island attorney for a vacation time-share development and commercial property.  The  court found that the attorney violated the state’s ethics rules when, to speed foreclosure proceedings against owners who failed to pay maintenance dues, the attorney forged the name of the HOA president on a foreclosure deed and then acted as notary testifying that he, the attorney, had witnessed the president sign each foreclosure deed.

The decision: “We believe this case presents unique circumstances which cause us to reduce the level of discipline recommended by the board. We find the respondent’s lengthy, unblemished history, coupled with his heartfelt remorse, warrant a departure from our prior decisions in similar circumstances. We do not condone the respondent’s conduct. However, we also do not believe, in view of the totality of the circumstances of this case, that his suspension from the practice of law is necessary to protect the public.
Accordingly, we hereby publicly censure Richard M. Fisher for his conduct in this matter.”  Read:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SUPREME COURT – CLERK’S OFFICE

In the Matter of Richard M. Fisher.
Case Number
No. 2017-258-M.P.
Date Order Filed
January 9, 2018

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