http://www.providencejournal.com/breaking-news/content/20140108-disciplinary-counsel-accuses-r.i.-lawyer-of-misconduct-in-divorce-cases.ece
Disciplinary counsel accuses R.I. lawyer of misconduct in divorce cases
January 08, 2014 01:00 AM
PROVIDENCE — The Supreme Court disciplinary counsel accuses well-known Family Court lawyer William F. Holt of professional misconduct over his handling of four divorce cases.
Chief Disciplinary Counsel David D. Curtin last week petitioned the Supreme Court disciplinary board to consider taking action against Holt. He asks that the disciplinary board hear testimony on the allegations.
The petition outlines instances in which Holt is accused of misleading Family Court judges by submitting orders that had not been agreed to by the parties. In one case, Holt is alleged to have removed a divorce filing from the clerk’s office, thus delaying his client from being served and allowing the client the opportunity to remove items from the home.
Holt’s lawyer, John A. Tarantino, said Holt “is going to contest each of the allegations and present his side of the story.”
If the board finds Holt committed violations, it could recommend that sanctions ranging from censure to disbarment be imposed. It could also dismiss the complaint.
In the case of Brian and Lynn Auclair, Holt is alleged in June to have presented Magistrate John J. O’Brien with a proposed “consent order” to sign that authorized Brian to enter their home and remove any items he chose. Holt represented Brian, who had filed for divorce a year earlier after Lynn obtained an order granting her exclusive use of the home and barring Brian from contacting her. Brian was given a date, in July 2012, to retrieve his belongings.
The petition states that Holt failed to notify Lynn’s lawyer about the proposed order allowing Brian access to the home. Lynn became aware of the order when Brian was found in her house.
In the case of Michelle and Dennis Bonnollo, Holt is accused of removing Michelle’s divorce filing from the clerk’s office, and, as a result, disrupting the distribution of the couple’s assets.
Michelle’s lawyer, Lois Iannone, filed for divorce on her client’s behalf in late June. On July 8, Michelle told Iannone that Dennis had assaulted her and removed 95 percent of the belongings from their house.
Iannone obtained a protective order on Michelle’s behalf, the petition states. Iannone learned from Holt, Dennis’ lawyer, at the courthouse that he had taken the divorce filings from the clerk’s office. That meant that Dennis was not served with the papers. As a result, Michelle was denied court protections with regard to their possessions, the petition says.
In Melissa and Anthony Pallini’s divorce, Holt is accused of presenting Judge Laureen A. D’Ambra in September 2012 with an order to sign that was significantly different from the divorce terms finalized 11 years earlier.
Holt, Melissa’s lawyer, did not notify Anthony about any proposed changes, the petition states. Anthony learned of the revisions when the Town of Johnston altered the pension he had been receiving as a retired assistant fire chief.
Holt then, according to the petition, failed to inform Melissa about court action Anthony took to have that order vacated. Judge John E. McCann III vacated the order after finding that Holt had committed fraud upon the court.
The final case involves Gregory and Jessyca Colembowski’s divorce. Holt is alleged to have misrepresented D’Ambra’s June ruling that Jessyca “may stay” with her parents in Florida pending a hearing once school for her three children let out. Instead, Holt is accused of preparing an order that his client, Jessyca, “shall be allowed to relocate to the state of Florida” with the three minor children.
D’Ambra in July reaffirmed that she had not authorized the relocation of the children after Gregory’s lawyer, Arthur Read, raised objections. D’Ambra found that Holt had misrepresented her earlier bench decision.
