Supreme Court
No. 2019-471-M.P.
In re S.B. :
ORDER
The Supreme Court’s Committee on Character and Fitness (committee) filed with the Court
a recommendation, pursuant to Article II, Rule 4(c) of the Supreme Court Rules on Admission of
Attorneys and Others to Practice Law, that the Applicant, S.B. (S.B. or applicant),1 be granted
admission to the Rhode Island Bar.
The applicant, an out-of-state lawyer authorized to practice law in Massachusetts, was
hired by Duffy & Sweeney, Ltd. (Duffy & Sweeney), a Rhode Island law firm with a single office
located in Providence, Rhode Island, as an associate attorney. The applicant commenced working
at Duffy & Sweeney as an associate in August 2018 and shortly thereafter was listed as an associate
on the firm’s webpage.
In November 2018, S.B. filed a petition for admission to the Rhode Island Bar. The
applicant was subsequently referred to the full committee due to concerns that applicant’s
employment as an associate attorney at Duffy & Sweeney constituted the unauthorized practice of
law under Article V, Rule 5.5 of the Supreme Court Rules of Professional Conduct.
Rule 5.5, titled “Unauthorized practice of law; Multijurisdictional practice of law,” in
pertinent part, provides:
“(b) A lawyer who is not admitted to practice in this jurisdiction
shall not:
“(1) except as authorized by these Rules or other law, establish an
office or other systematic and continuous presence in this
jurisdiction for the practice of law; or
1
Because the Court grants applicant admission to the bar, we will refer to the applicant by her
initials.
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“(2) hold out to the public or otherwise represent that the lawyer is
admitted to practice law in this jurisdiction.”
On June 5, 2019, applicant appeared with counsel (a partner at Duffy & Sweeny) to address
the Rule 5.5 concerns. Based upon applicant’s testimony, the committee was satisfied that
applicant had performed the work of a legal assistant supervised by two of the firm’s partners and
had not practiced law in Rhode Island, but the committee also concluded that reference to applicant
as an associate on the firm’s webpage was a violation of Rule 5.5(b)(2). The committee further
found that applicant’s petition did not raise any additional concerns and that applicant had
otherwise demonstrated that she was of good moral character and fitness to practice law.
Therefore, notwithstanding the perceived violation of Rule 5.5, the committee recommended that
applicant be granted full admission to the Rhode Island Bar.
The Court is mindful that the partners at Duffy & Sweeney assigned the title of associate
to the applicant and that the partners held out the applicant as authorized to practice law in Rhode
Island by referring to her as an associate on the firm’s website. The Court is not inclined to
penalize the applicant for the conduct of Duffy & Sweeney as it relates to the facts presented here.
The Court would remind all attorneys that, as officers of the Court, they are expected to lead by
example and to guide our future lawyers as to the conduct that is appropriate under our Court rules.
The Court is dismayed that at last check the applicant continues to appear on the Duffy & Sweeney
website as an associate with the firm, even after the applicant appeared before the committee and
the committee cautioned the firm on its use of the term associate to describe employees hired
before they are authorized to practice law in Rhode Island. We deem it prudent to remind the
partners at Duffy & Sweeney of their professional obligation under Rule 5.5(a) that “[a] lawyer
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shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that
jurisdiction, or assist another in doing so.”
For these reasons, we accept the recommendation of the committee and hereby grant the
applicant’s petition for admission to the Rhode Island Bar.
Entered as an Order of this Court this 13th day of December 2019.
By Order,
/s/
Clerk
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SUPREME COURT – CLERK’S OFFICE
ORDER COVER SHEET
Title of Case In re S.B.
No. 2019-471-M.P.
Case Number
December 13, 2019
Date Order Filed
Suttell, C.J., Goldberg, Flaherty, Robinson, and
Justices
Indeglia, JJ.
Character and Fitness Committee
Source of Appeal
N/A
Judicial Officer From Lower Court
For Committee:
Attorney(s) on Appeal Julie P. Hamil, Esq.
For Applicant:
Stacey P. Nakasian, Esq.
SU‐CMS‐02B (revised November 2016)