Lawyer suspension, disbarment up in RI

PROVIDENCE, R.I. (WPRI) - Ten attorneys in Rhode Island were slapped with serious disciplinary action in 2008 by the state Supreme Court. It is a big surge from previous years and a majority of those disciplined have one thing in common - they practice in the same area of law - real estate.

One of those attorneys is Benjamin Wyzanksy. According to Chief Disciplinary Counsel for the Rhode Island Supreme Court David Curtin, Wyzansky served as a closing attorney for a client who was selling a house and buying another. Wyzansky was supposed to pay off the old mortgage with funds from the new mortgage. However, Curtin said the old mortgage was never paid off and several months later, the homeowner was still receiving bills from both mortgage companies.

"What he did with the money is the main focus of the investigation, actually," said Curtin.

Once the investigation began, Wyzansky abandoned his law office in Pawtucket. He's since been suspended.

"When we become aware an attorney is involved in serious misconduct that becomes our primary goal shut him down as soon as possible," Curtin said.

Wyzansky's case is now in the hands of the Rhode Island State Police. As is the case involving the biggest dollar amount Curtin has seen.

"An attorney had taken approx $2.5 million from about 13 settlements, real estate settlements," Curtin said.

That lawyer is Pasquale Scavitti. He is also one of the 10 lawyers disbarred or suspended in 2008. It's a big jump from the last several years.

Attorney suspension or disbarments:

• 2005: 3
• 2006: 5
• 2007: 3
• 2008: 10

Eyewitness News Legal Analyst Lou Pulner said the rise in disciplined lawyers can be traced back to the bad economy. He said a handful of lawyers have been tempted to dip into their clients' escrow accounts.

"The money in escrow belongs to your clients and it does not belong to you," Pulner said.

So what about protection for clients? The Target 12 Investigators have learned Rhode Island lags behind much of the country when it comes to finding out if a lawyer has been disciplined or suspended.

The state is one of only 15 that doesn't offer an online search.

A court spokesman said it will be at least 3 years before the state gets up to speed. In the meantime, he said people can call his office to check at 401-222-3270.

As an attorney himself, Curtin said his role as chief disciplinary counsel can be a lonely one.

"I don't get invited to the cocktail parties," he said.

However, he said his position is key to ensuring the public trust with attorneys is maintained.

"The lawyer jokes. People say how do you feel about lawyer jokes? And I tell them next you get in trouble call a comedian."