In Re Application of Floyd Edmond WEBB, III
2013 R.I. LEXIS 7
| R.I. | 2013Background
- Webb, III applied to sit for the Rhode Island bar after law school graduation in 2008.
- He disclosed issues in his applications but failed to fully disclose certain prior arrests, traffic issues, and civil litigation.
- The committee repeatedly requested information and conducted multiple hearings (five hearings between 2009 and 2010, plus later sessions) to assess candor and fitness.
- Two 1999 and 2006 incidents involved confrontations with police; some charges were dismissed, others pled to lesser offenses; some records were expunged.
- A 2012 undisclosed arrest for leaving the scene of an accident surfaced just before the Court’s consideration, leading to renewed concerns about candor and reporting duties.
- The Committee recommended denial of Webb’s admission; Webb petitioned for review, arguing lack of abuse of discretion and merit to conditional admission; the Court denied relief and adopted the Committee’s recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Committee abused its discretion in denying admission | Webb; lack of abuse, claims sufficient candor | Committee; thorough investigation supports denial | No abuse; denial upheld |
| Whether Webb met Rule 3(f) good character burden | Webb maintained good faith disclosures | Webb lacked candor and failed to disclose | Webb failed to prove good character by clear and convincing evidence |
| Impact of undisclosed 2012 arrest on admissibility | Arrest disclosure was not required | Arrest undisclosed violated continuing duty to amend | Undisclosed arrest fatal to application and supports denial |
Key Cases Cited
- In re Roots, 762 A.2d 1163 (R.I. 2000) (standard for reviewing committee decisions; abuse of discretion if not well founded)
- In re Capace, 110 R.I. 254, 291 A.2d 632 (R.I. 1972) (policies governing attorney character fitness and review)
- In re Testa, 489 A.2d 331 (R.I. 1985) (ethics and candor considerations in character determinations)
