175 A.3d 490
R.I.2018Background
- Richard M. Fisher was longstanding counsel to Newport Bay Club Home Owner Association (NBC) and handled collections and foreclosures for delinquent time-share owners.
- Instead of obtaining the NBC president’s actual signature and an independent notary, Fisher repeatedly signed the president’s name to foreclosure deeds and notarized those signatures himself, then recorded the deeds.
- The misconduct was discovered during unrelated litigation; Fisher self-reported to Disciplinary Counsel, prepared confirmatory deeds, and cured title issues at his own expense; no financial loss to NBC or owners resulted.
- Fisher admitted the conduct violated the Supreme Court Rules of Professional Conduct (truthfulness and misconduct provisions) and cooperated fully; he had practiced since 1980 with no prior discipline and expressed remorse.
- The Disciplinary Board found violations and recommended a 60-day suspension; the Supreme Court accepted the misconduct findings but imposed a public censure instead of suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fisher’s actions violated Rules 4.1(a) and 8.4(c) | Board: falsified signatures and notarizations constitute dishonesty and false statements | Fisher: admitted misconduct but emphasized lack of harm, corrective measures, and cooperation | Court: Held Fisher violated Rules 4.1(a) and 8.4(c) |
| Appropriate sanction (suspension vs. censure) | Board: 60-day suspension warranted, consistent with precedent for false notarization | Fisher: mitigation—long, unblemished career, prompt self-reporting, remediation, no gain or harm, remorse; suspension unnecessary | Court: Declined 60-day suspension; imposed public censure given mitigating factors |
| Weight of Board recommendation | Board: recommended 60-day suspension based on precedents | Fisher: urged consideration of unique mitigating circumstances to depart from precedent | Court: Gave great weight to Board but retained final disciplinary authority and reduced sanction |
Key Cases Cited
- McCarthy, 973 A.2d 617 (R.I. 2009) (prior disciplinary decision addressing false notarization)
- Carter v. Jones, 525 A.2d 493 (R.I. 1987) (disciplinary precedent for dishonest conduct)
- Berberian, 213 A.2d 411 (R.I. 1965) (disciplinary precedent for misconduct involving misrepresentation)
- McBurney, 13 A.3d 654 (R.I. 2011) (discipline aims: protect public and maintain profession integrity)
- Almonte, 678 A.2d 457 (R.I. 1996) (discipline is remedial, not punitive)
- Fishbein, 701 A.2d 1018 (R.I. 1997) (use of mitigating and aggravating factors in sanctioning)
- Hellew, 828 A.2d 531 (R.I. 2003) (giving weight to Board recommendations)