Opinion
M. P. No. 74-178.
July 31, 1974
Frank O. Lind, Jr., for petitioner.
Roger A. Nault is member of the Rhode Island Bar. On February 28, 1969, this court, after hearing that a conservator had been appointed to take charge of his affairs, directed that Nault be suspended from the practice of law until further order. In re Nault, 105 R.I. 780, 252 A.2d 140 (1969). We emphasized that the suspension was not a punitive measure. Rather, we said our action was a discharge of an obligation to protect the public interest.
Later, Nault was indicted on a charge of embezzling a client's funds. A Superior Court jury rejected his defense of a lack of criminal responsibility due to a mental illness and returned a guilty verdict. The trial justice imposed a three-year prison sentence. We rejected Nault's appeal. State v. Nault, 112 R.I. 687, 314 A.2d 627 (1974).
We then issued an order directing Nault, or his attorney, to show cause why his license to practice law should not be "revoked or suspended." A response to this order was filed. We examined the response and the record of the criminal trial. Disciplinary action is called for.
The show cause order was issued on our own motion. Our Rule 43 provides that disciplinary action may be taken against an attorney convicted in a court of record of a crime involving moral turpitude without the necessity of first resorting to a complaint as well as the investigatory and prosecutory procedures delineated in Rule 42. See In re Conley, 102 R.I. 756, 229 A.2d 847 (1967).
In his response Nault acknowledges that on March 4, 1974, he received four additional three-year sentences which would be served concurrently with the three-year sentence imposed by the trial justice after the denial of the new trial in the jury case. These four sentences relate to other instances when Nault embezzled clients' funds.
The record before us discloses a course of conduct that is completely inconsistent with a proper appreciation and discharge of Nault's professional duties and obligations.
Therefore, it is ordered that Roger A. Nault be and he is hereby disbarred from the practice of law before the courts of this state.