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Attorney Profiles

Mark A. Sjoberg 
Warwick, Rhode Island
Managing Partner, since July 1, 1989
phone (401) 737-9696
fax (401) 737-9119
email Email Me

Despite Rhode Island's lack of a process for certification of specialization, Mr. Sjoberg has developed a reputation for expertise in the area of estate planning and administration, probate practice and procedure, and estate and trust litigation. By practical necessity, his practice is concentrated on this area of the law with special emphasis on protection of the elderly and disabled, fiduciary negligence and claims on bonds, and litigating complex estate issues.

Mr. Sjoberg is on the qualified lists of the probate, family and superior courts for appointment as independent fiduciary, master, custodian and/or guardian ad litem for those with legal disabilities. He investigates cases of self-neglect, exploitation and financial and physical abuse of the elderly and disabled and has initiated and prosecuted protective proceedings on their behalf at the instigation of families and State protective services. He has prosecuted actions to remove fiduciaries, has recovered embezzled and converted assets and prosecuted claims on fiduciary bonds.

Mr. Sjoberg is actively engaged in disability and medical assistance planning and other aspects of Elder Law. He has represented institutionalized and community spouses in fair hearing before the R.i. Department of Human Services. He has been commissioned in the family court to establish court-created disability trusts for asset protection of divorce litigants who are disabled and under age 65.

He has lectured extensively on estate, trust, probate and planning matters through the National Business Institute, Lorman Education Services, R.I. Association for Justice (formerly R.I, Trial Lawyers Association), R.I. Bar Association Annual Meeting and Continuing Legal Education Committees, and League of City and Town Clerks. His goal is to raise the level of competence of the bar in a rapidly evolving area of practice. He is particularly concerned and offended with publicized cases of misappropriation and fraud resulting in attorney discipline that tarnishes, by association, the reputation and integrity of competent practitioners. He has accepted appointments in the probate and superior courts to conduct forensic audits of such cases and to present findings, through the court, to the Rhode Island Disciplinary Counsel and the Supreme Court.

Anxiety and misinformation are the main obstacles in the public's understanding of the services available from the estate, trust and elder law bar. To remove the mystery and fear in the public, especially among the elderly and disabled, and to improve the public perception of attorneys, Mr. Sjoberg has regularly presented seminars and participated on panel discussions through the sponsorship of the Ask a Lawyer Program, Volunteer Lawyer Program, Council of Churches, Citizens Law School, as well as local church groups, other charitable organizations and nursing and assisted living facilities.

Areas of Practice:
Estate Administration
Estate Planning
Estate Litigation
Alternative Dispute Resolution Services
Litigation Services
Planning Services
Independent Fiduciary Services
Forensic Audits and Investigation Services
Litigation Percentage:
75% of Practice Devoted to Litigation
Bar Admissions:
Rhode Island, 1980
U.S. District Court District of Rhode Island, 1981
Education:
Suffolk University Law School, Boston, Massachusetts, June, 1980
Juris Doctor


Suffolk University College of Liberal Arts and Sciences, Boston, Massachusetts, June, 1978
Bachelor of Arts
Honors: Summa Cum Laude
Major:  History
Minor:  Accounting


Published Works:
"Administration of the Estate in Rhode Island", N.B.I., 1989


"Rhode Island Probate: Beyond the Basics", N.B.I., 1990


"Rhode Island Probate: Beyond the Basics", N.B.I., 1993


"Basic Drafting of Wills and Trusts in Rhode Island", N.B.I., 1991


"Basic Drafting of Wills and Trusts in Rhode Island", N.B.I., 2007


"Estate Planning & Probate in Rhode Island", N.B.I., 1992


"A Practical Guide to Estate Administration in Rhode Island", N.B.I., 1993


"A Practical Guide to Estate Administration in Rhode Island", N.B.I., 1995


"A Practical Guide to Estate Administration in Rhode Island", N.B.I., 2000


"Probate Beyond the Basics", N.B.I., 1993


"Guardianships, Conservatorships & the Alternative in Rhode Island", N.B.I., 1994


"Taking Control of the Planning Process", N.B.I., 1995


"A Practical Guide to Estate Administration", N.B.I., 1995


"A Practical Guide to Estate Administration", N.B.I., 2002


"Rhode Island Elder Law", N.B.I., 1996


"Advanced Estate Planning", N.B.I., 1996


"Advanced Estate Planning", N.B.I., 1998


"Basic Probate Procedures and Practices in Rhode Island", N.B.I., 1997


"Basic Probate Procedures and Practices in Rhode Island", N.B.I., 1999


"Advanced Estate Planning Techniques in Rhode Island", N.B.I., 1997


"Effective Estate Planning", N.B.I., 1998


"Effective Estate Planning", N.B.I., 2002


"Probate Process from Start to Finish", N.B.I., 2000


"Probate Process from Start to Finish", N.B.I., 2001


"Probate Process from Start to Finish", N.B.I., 2003


"Probate Process from Start to Finish", N.B.I., 2004


"Probate Process from Start to Finish", N.B.I., 2007


"Key Issues When Working with Elderly or Disabled Client", N.B.I., 2004


References:
Hon. Jeremiah S. Jeremiah, Jr., Chief Judge, Family Court
Hon. Marvin Homonoff, Probate Judge, Barrington Probate Court and President of Probate - Judges Conference
Hon. Bruce D. Sawyer, Probate Judge, Central Falls Probate Court
Hon. Paula Cuculo, Probate Judge, North Providence Probate Court
Hon. Cristine McBurney, Probate Judge, Pawtucket Probate Court
Hon. John E. Martinelli, Probate Judge, Providence Probate Court
Hon. Stephen Isherwood, Probate Judge, Warwick Probate Court
Hon. Michael Ursillo, Probate Judge, West Greenwich Probate Court
Kathleen Heren, Alliance for Better Long Term Care
Representative Peter Lewiss, R.I. General Assembly, Chairman of Probate Commission
Classes/Seminars Taught:
Adjunct Faculty, "Wills, Trusts and Estates", Roger Williams Law School, 2001 - Present


Lecturer, "Basic Probate Practice & Procedure", R.I. Bar Association Annual Meeting, 1995


Lecturer, "Report on Current Developments in Probate Practice", R.I. Bar Association Annual Meeting, Annually, 1996 - Present


Lecturer, "Presentation of Omnibus Probate Reform Act", Conference of R.I. Probate Judges & Clerks, 1996


Lecturer, "Litigation Issues in Probate", R.I. Bar Association Annual Meeting, 1997


Lecturer, "Estate and Trust Practice", R.I. Bar Association Clerkship Program


Lecturer, "War Over Joint Bank Accounts", R.I. Bar Association Annual Meeting, 1998


Lecturer, "Jurisdictional Battle: Superior Court v. Probate Court", R.I. Bar Association Annual Meeting, 1998


Lecturer, "Medical Assistance Forum", R.I. Bar Association Annual Meeting, 1999


Lecturer, "Discovery in Probate Proceedings", CLE Program to R.I. Bar Association Membership, 1999


Lecturer, Planned Giving Council of Rhode Island, 2001


Lecturer, "Innovations in Guardianship Practice & Procedure", Alliance for Better Long Term Care, 2001


Lecturer, "Mental Capacity: Proving Your Case", CLE Program to R.I. Bar Association Membership, 2001


Lecturer, "Family Limited Partnerships", CLE, Program to R.I. Bar Association Membership, 2002


Lecturer, "Conference on Aging", R.I. Department of Elderly Affairs, 2002


Lecturer, "Probate Law for Real Estate Professionals", CATIC, 2002


Lecturer, "Probate Law for Real Estate Professionals", CATIC, 2003


Lecturer, "Probate Practice and Procedure", R.I. City & Town Clerks Association, 2005


Lecturer, "Probate Practice and Procedure", R.I. City & Town Clerks Association, 2006


Lecturer, "Guardianships for Adults", CLE Program to R.I. Bar Association Membership, 2005


Lecturer, "Issues in Contested Guardianship Cases", CLE Program to R.I. Bar Association Membership, 2007


Lecturer, "The Role of the Physician and Attorney in Guardianship Process", 2007


Lecturer, "Probate Court and Appeal Practice: Traps for the Unwary", CLE Program to R.I. Bar Association Membership, 2007


Lecturer, "Accounting for Estates and Trusts", Lorman Seminar, 2008


Lecturer, "Resolving Estate, Will and Trust Contents", NBI Seminar, 2009


Honors and Awards:
Rated "AV" by Martindale-Hubbell


1st Recipient of State Ombudsman's Justice Award, 2002


State Ombudsman's Justice Awards presented in his name annually since, 2002


Fellow, American College of Trust and Estate Counsel


Top Lawyers - Estate Planning, Rhode Island Monthly Magazine, 2003


Top Lawyers - Estate & Trust Litigation, Rhode Island Monthly Magazine, 2007


New England Super Lawyers - Rhode Island - Trust & Estate Litigation, 2007


Professional Associations and Memberships:
Rhode Island Bar Association, 1994 - 1995
Delegate, House of Delegates


Rhode Island Bar Association, 1998 - 2002
Delegate, House of Delegates


Rhode Island Bar Association, 1982 - Present
Member, Probate and Trust Committee


Rhode Island Bar Association, 1994 - 2004
Member, Annual Meeting Committee


Rhode Island Bar Association, 1995 - 2003
Member, Continuing Legal Education Committee


Rhode Island Bar Association, 1999 - 2003
Chair, Continuing Legal Education Committee


American College of Trust and Estate Counsel (ACTEC), 2000 - Present
Fellow


American Bar Association, Section of Real Property, Probate and Trust Law, 1982 - Present
Member


Rhode Island Association for Justice (formerly R.I. Trial Lawyers Association), 1987 - Present
Member


National Academy of Elder Law Attorneys
Member


R.I. General Assembly, House Commission to Study the Modernization of Probate Laws, R.I. Gen. Laws, 1996 - 2000
Commissioner


R.I. General Assembly, Legislative Commission to Study the Feasibility of Modernizing Probate Law and Procedure, R.I. Gen. Laws, 2000 - Present
Commissioner, Secretary


Past Employment Positions:
Rhode Island Secretary of State, Chief Legal Counsel, 1993 - 1994


Lovett Schefrin Gallogly & Harnett, Ltd., Associate, October 31, 1980 - June 30, 1989


Roger Williams University School of Law, Adjunct Faculty (Wills, Trusts & Estates), 2001 - Present


Our Location

Sjoberg & Votta
200 Centerville Road,
Suite 4
Warwick, RI 02886
Phone: 401-737-9696
Fax: 401-737-9119
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