S upreme Court
In the Matte r of Richard A. Pacia. No. 2014
- 104 M.P.

O R D E R This matter is before the C ourt on a petition for reinstatement to the practice of law filed by Richard A. Pacia (petitioner). On March 24, 2009 the petitione r resigned from the practice of law in this state. He had been an active member of the bar for thirty years prior to that date, and had no prior disciplinary history. He was also a respected member of the bar, and at the time he resigned he was serving a s President of the Rhode Island Bar Association, a position from which he also resigned. Article III, Rule 23 of the Supreme Court Rules of Disciplinary Procedure, entitled “Resignation,” provides, in pertinent part: “If a resigned member desires reinsta tement, he or she shall proceed as provided for in Rule 16.” Article III, Rule 16 of the Supreme Court Rules of Disciplinary Procedure, entitled “Reinstatement , ” is the procedural rule applicable to reinstatement applications of suspended or disbarred

att orneys. While the petitioner has never been suspended or disbarred, he must comply with the procedural requirements of Rule 16 to be reinstated. Those requirements include the payment of a $500 filing fee pa yable to the Clerk of the Court and submission of a completed reinstate ment questionnaire to Disciplinary C ounsel. The petitioner has met those requirements. Additionally, Rule 16(d) requires that any attorney who has been disbarred or suspended for more than one year must successfully pass the Multi

- state Professional Responsibility Examination (M.P.R.E.) prior to filing a petition for reinstatement. The petitioner has not done so, under the belief that this provision is not applicable to his circumstances. We recognize that there may be some argua ble

1ambiguity as to whether this provision is applicable to a resigned rather than a suspended or disbarred attorney, and we note that we have not previously addressed this precise question in a f ormal opinion or order of this C ourt. We conclude that, bas ed on the unique circumstances presented in this reinstatement application , the petitioner should be required to achieve a passing score on the M.P.R.E. as a condition of his full reinstatement to the practice of law, and we decline to set a precedential r uling on this issue at this time. However, we will not penalize the petitioner for his good faith interpretation of the rule, and we will provide him the opportunity to pass that exam as a condition subsequent to his reinstatement.
Pursuant to Rule 16(c) , a petitioner for reinstatement, whether resigned, suspended , or disbarred, has the burden of demonstrating to this C ourt “by clear and convincing evidence that he or she has the moral qualifications, competency and learning in law required for adm ission to practice law in this s tate and that his or her resumption of the practice of law within the s tate will be neither detrimental to the inte grity and standing of the Bar or the administration of justice nor subve rsive of the public interest.” Disciplinary C ounsel has conducted an investigation of the petitioner as required by Article III, Rule 5(b)(4) of the Supreme Court Rules of Disciplinary Procedure, and he has submitted his repo rt to the Court. Disciplinary Counsel has advised the C ourt that he has n o objection to the granting of the petition for reinstatement, subject to the condition that he be reinstated under the supervision of a member of the bar of this state. We directed the p etitioner to appear before the C ourt at its conference on May 28,
20 14 to show cause why his petition should be granted. Having heard the representations of th e petitioner, his counsel, and Disciplinary C ounsel and having reviewed the record , it

2is our opinion that the petitioner has met the requirements to resume the pra ctice of law

. However, we believe that the circumstances of this reinstatement application require that his resumption of the practice of law be monitored by a member of the bar. We note that the petitioner has not bee n publicly disciplined by this C ourt

. However, we would be remiss if we failed to address the circumstance s of the petitioner’s seemingly

- ab rupt decision to resign from both the p residency of the Bar Association and his membership in the bar. At the time of his resignation , the petitioner was the subject of an investigation by D iscip linary C ounsel. That investigation was not complete, but the petitioner recognized that he faced possible formal disciplinary charges and public opprobrium as a result of both his conduct and his position. He resigned to save both himself and the bar from embarrassment. Disciplinary C ounsel subsequently completed his investigation into allegations of misconduct by the petitioner. That investigation revealed substantial discrepancies in the petitioner’s client account, resulting in a shortfall of funds which he should have been retaining for clients and third parties. However, that shortfall was not the result of intentional misappropriation of funds on the part of the petitioner. Rather, the investigation re vealed serious mismanagement and a lack of oversight of his accounts that bordered on recklessness. Additionally, the petitioner was also named as a defendant in several civil actions alleging legal malpractice. T hose matters have been resolved, and ther e are no financial claims outstanding against petitioner. The disciplinary board reviewed the petitioner’s conduct in those matters, and concluded that the imposition of p rivate letters of reprimand was a sufficient sanction to impose. A major factor in the boar d’s decision was that the petitioner had been

3voluntarily removed from the practice of law for more than five years, a period in excess of any discipline that he may have received had formal charges been filed

. The petitioner has never bee n charge d with criminal conduct and , as previously noted , has no prior disciplinary history. He was an active member of the bar association, serving in many capacities, including service as an officer and organizing many continuing legal education programs. We h ave received many letters of support from members of the bar attesting to his integrity and competence a s an attorney. We believe that he can return to the practice of law as a productive member of the bar. Accordingly, the petition for reinstatement is hereby granted. However, petitioner’s resumption of the practice of law shall be monitored for a period of two years by Anthony J. Gianfrancesco, Esquire. The petitioner shall fully cooperate w ith Attorney Gianfrancesco and Disciplinary C ounsel regarding the monitoring of his practice, and Attorney Gianfrancesco shall submit written r eports on a quarterly basis to Disciplinary
C ounsel regarding his review of the petitioner’s practice. Additionally, this reinstatement is subject to the condition that the petitione r take the next

- available Multi

- state Professional Responsibility Examination, obtain a passing score, and submit a copy of his test result to the Clerk of the Court and to Disciplinary
C ounsel. Failure to obtain a passing score on that examinati on may result in the revocation of this order of reinstatement. Entered as an Order of this Court this 11 th Day of June , 2014. By Order,

___________ /s/

________________ C lerk

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### R HODE 

### I SLAND 

### S UPREME 

### C OURT 

### C LERK 

### ’ S 

### O FFICE 

### Clerk’s Office Order/O pinion Cover Sheet

TITLE OF CASE: In the Matter of Richard A. Pacia

. CASE NO : No. 20 1 4

- 104

- M.P. COURT: Supreme Court DATE ORDER F ILED: June 1 1 , 2014 JUSTICES: S uttell, C.J. , Goldberg, Flaherty , R obinson , and Indeglia, JJ

. WRITTEN BY: N/A

– Court Order JUDGE FROM LOWER COURT : N/A

– Court Order ATTORNEYS ON APPEAL : For Petitioner : David Curtin, Esq. Chief Disciplinary Counsel
For Respondent : Anthony M. Traini, Esq.