In Re Ricci

735 A.2d 203, 1999 R.I. LEXIS 175, 1999 WL 681556
CourtSupreme Court of Rhode Island
DecidedAugust 19, 1999
Docket99-315-MP
StatusPublished
Cited by8 cases

This text of 735 A.2d 203 (In Re Ricci) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Ricci, 735 A.2d 203, 1999 R.I. LEXIS 175, 1999 WL 681556 (R.I. 1999).

Opinion

*205 OPINION

PER CURIAM.

This disciplinary matter comes before us pursuant to the provisions of Article III, Rule 6(d), of the Supreme Court Rules of Disciplinary Procedure. The Disciplinary Board of the Supreme Court (board) has forwarded its recommendation that the respondent, Dennis H. Ricci, be suspended from the practice of law. The respondent appeared before the Court pursuant to an order directing him to show cause why the disciplinary sanction recommended by the board should not be imposed. After consideration of the findings and recommendations of the board and the arguments presented by the respondent, it is the opinion of this Court that cause has not been shown and that professional discipline is warranted.

The material facts supporting the board’s recommendation arise from the respondent’s representation of four clients in personal injury cases and his handling of settlement funds received on their behalf. The board conducted hearings on formal charges brought against the respondent subsequent to an investigation by this Court’s Disciplinary Counsel (counsel). Those hearings consisted of four days of trial testimony as well as the submission of written memoranda to the board by the parties. The board has transmitted the entire record to this Court for its review. We set forth the pertinent facts below.

In February 1993, Vicky Tui (Tui) was involved in a motor vehicle accident which resulted in her receiving personal injuries and incurring medical bills for treatment of those injuries. She retained the services of respondent to represent her in a claim for damages as a result of that accident. She was referred to respondent by her boyfriend, John Correia.

The respondent negotiated a settlement of the personal injury claim with the insurance carrier of the other driver involved in the accident. On October 10, 1995, he received a settlement check in the amount of $18,000 in settlement of that claim. When those funds were received, respondent deposited the settlement check in a business account which he used for both business and personal use. He did not deposit the settlement check into a separate client or trust account. Indeed, respondent acknowledged that he had never maintained a separate account for the protection of client funds, even though he has been a member of the bar since 1980.

Ten days after the receipt of the settlement funds, respondent paid Tui her portion of the settlement proceeds, after making deductions for the payment of medical bills incurred by Tui. The payment to Tui was drawn from a different account in which respondent maintained client, business, and personal funds, and not the account into which the settlement funds had been deposited. The respondent did not maintain sufficient funds in either account to pay Tui’s medical bills.

The respondent did not promptly make payment of the deducted sums of money to Tui’s health care providers. On January 17, 1996, respondent did make one unprompted payment to one provider on her behalf. On February 1, 1996, one of Tui’s treating physicians, Dr. Izzi, filed a complaint against respondent with counsel regarding respondent’s failure to forward payment. That complaint led to an investigation by counsel which led to the discovery of the incidents set forth below.

On February 15, 1996, after receiving notice of Dr. Izzi’s complaint, respondent forwarded a compromised payment to Dr. Izzi in settlement of Tui’s medical bills. The respondent did not forward payment to Tui’s other health care providers until September 1996 after the investigation by counsel had commenced.

The respondent also represented Joa-quim and Dilia Correia, husband and wife, who were injured in a motor vehicle accident occurring in Connecticut in May 1994. The Correias are the parents of John Correia, the boyfriend of Tui.

*206 The Correias were insured under an insurance policy issued by American International Insurance Company (American International). The operator of the other vehicle involved in the motor vehicle collision was insured through Nationwide Insurance (Nationwide). Under the provisions of the Correias’ insurance policy with American International, they were entitled to receive payments for medical expenses they incurred as a result of a motor vehicle accident (med-pay). The respondent submitted a claim to American International pursuant to the med-pay provisions of their policy. The respondent did not inform the Correias that he was submitting a med-pay claim on their behalf.

In April 1995 respondent received med-pay benefits from American International on behalf of Mrs. Correia in the amount of $8,755.48 and $4,777.12 on behalf of Mr. Correia. The respondent did not notify the Correias that he had received those funds, and deposited them into his business account. He did not make payment to any health care provider on behalf of the Correias from those med-pay funds. Those funds did not remain in that account.

In August 1995 respondent negotiated a settlement with Nationwide on behalf of Mrs. Correia in the amount of $15,400 and on behalf of Mr. Correia in the amount of $17,500. Upon receipt those funds were deposited into one of respondent’s all purpose business accounts. The respondent subsequently disbursed to the Correias their portion of the settlement funds, after making deductions for his attorney fee and withholding sums to make payment to their treating health care providers. However, those payments were not made to those providers until September 1996 when counsel’s investigation was underway, and respondent did not retain sufficient funds in his account to pay the Corr-eia’s medical bills.

Upon being made aware of the settlement between the Correias and Nationwide, American International contacted respondent regarding a possible right of subrogation to be reimbursed for the medical payments previously forwarded to him. The respondent did not notify the Correias of the subrogation claim, nor did he forward payments to American International. Parenthetically, American International did not pursue the subrogation claim. However, during the course of counsel’s investigation, respondent forwarded to American International the full amount of the med-pay funds he had received. The respondent made these payments to American International without the knowledge or consent of his clients, and without a specific demand by American International. 1

The misfortunes of the Correia family continued when John Correia (John) was involved in a motor vehicle accident in December 1994 which also resulted in personal injuries. John also retained respondent to represent him in his claim for damages arising from that accident. John was insured through American International, and the other party to the accident was insured through Progressive Insurance (Progressive).

John incurred medical expenses for treatment of his injuries, and American International made payments on his behalf to his health care providers in the amount of $8,239. On August 1,1995, just prior to reaching a negotiated settlement with Progressive, respondent reached an agreement with American International whereby American International would accept the sum of $2,159 as full settlement of their claim for reimbursement of the previously paid medical bills. However, respondent did not notify John of this agreement.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of Staci L. Kolb
Supreme Court of Rhode Island, 2025
In re Bonn
865 A.2d 1071 (Supreme Court of Rhode Island, 2005)
In re Veiga
783 A.2d 911 (Supreme Court of Rhode Island, 2001)
Aetna Bridge Co. v. Carrillo, 98-0235 (2001)
Superior Court of Rhode Island, 2001
In re MacLean
774 A.2d 888 (Supreme Court of Rhode Island, 2001)
In Re DiPippo
765 A.2d 1219 (Supreme Court of Rhode Island, 2001)
In Re Indeglia
765 A.2d 444 (Supreme Court of Rhode Island, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
735 A.2d 203, 1999 R.I. LEXIS 175, 1999 WL 681556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ricci-ri-1999.