Reprimand issued for violation ofRule 1.3 where the respondent, represent-ing the complainant in a dissolution ofmarriage action, failed to obtain releasesof encumbrances recorded against realproperty that was transferred by the hus-band to the complainant wife in a court-approved stipulation in their dissolutionaction. Porto v. Althea S. Dinan, #02-1188(8 pages).

Presentment ordered for violation ofRules 1.1, 1.2(a), 1.3, 1.4(a) and (b),1.5(a), 1.15(b), 1.16(d), 8.1(2), and 8.4(3)and (4) and Practice Book § 2-32(a)(1)where the respondent, hired to handle theadministration of the complainant’s hus-band’s estate and to prepare a will for thecomplainant, did no work to advance theprobate matter during approximately threeyears of representation. Respondent failedto file the initial paperwork with the pro-bate court, failed to properly advise thecomplainant regarding the registration ofher husband’s vehicle, failed to respond tothe complainant’s request for updatesregarding the case, failed to advise as tothe true status of the probate matter,charged the complainant an unreasonableand excessive fee, and failed to safeguarda $1,500 retainer fee and the unearned feepaid at the onset of representation.Respondent also failed to confirm the ter-mination of representation in writing,failed to advise the complainant that hehad closed his law office, failed to providethe original will to the complainantdespite request, and failed to answer thegrievance complaint. The committee

ordered that the complaint also seek anorder of restitution for the $1,500 fee paidfor the probate matter and an order forreturn of the complainant’s original will.Clement v. Stephen N. Schaffer, #04-0472(10 pages).

Presentment ordered for violation ofPractice Book § 2-32(a)(1) where therespondent, retained in a criminal defensematter, failed to answer the grievancecomplaint. The committee noted that pre-sentment, rather than reprimand, wasappropriate because the respondent hadbeen disciplined at least three times withinthe five-year period preceding the filingof this complaint. DeJulio v. Thomas W.Bucci, Jr., #04-0293B (7 pages).

Order of Continuing Legal Educa-tion issued for violation of Rules 1.3 and8.4(4) and Practice Book § 2-32(a)(1)where the respondent, representing thecomplainant in a dissolution of marriageaction, failed to appear at a pretrial con-ference, failed to seek a continuance ofthe trial until two days before the trialdate, failed to appear at trial, and failed toanswer the grievance complaint. The com-mittee noted the lack of prior disciplineand the efforts made by the respondent toassist the complainant after the entry of anadverse judgment, to cooperate with com-plainant’s new counsel, to assist in havingthe judgment reopened, and to negotiatean amended judgment to the com-plainant’s satisfaction. Respondent wasordered to attend two CLE seminars for aminimum of three credit hours each inlegal ethics and law office management at

his own expense within one year of thedecision. Respondent was also ordered tosubmit the portion of his legal bill for feesafter the entry of judgment to arbitrationwith the Connecticut Bar Association’sResolution of Legal Fee Disputes Com-mittee and certify that the matter has beensubmitted and concluded. Morrissey v.Alec A. Rimer, #04-0234 (6 pages).

Presentment ordered for violation ofRule 8.4(3) where the respondent, whowas chairperson and secretary of BenistarProperty Exchange Trust Company, Inc.,was responsible for managing the pro-ceeds from the sale of properties thatBenistar held for investment purposes, butfailed to invest $2,412,230 paid by thecomplainant to Benistar as set forth in awritten agreement. Respondent was alsoresponsible for losing the complainant’sfunds in the stock market through tradingand options. The respondent’s argumentthat the Rules of Professional Conductonly apply to conduct related to the prac-tice of law or to an attorney-client rela-tionship was rejected. Cahaly v. Daniel E.Carpenter, #02-0600 (10 pages).

Presentment ordered for violation ofRules 8.4(2) and (4) where the respon-dent, representing the complainant in acriminal matter and later in seeking arestraining order against her husband,made numerous unwarranted sexualadvances toward the complainant, someinvolving physical contact, despite thecomplainant’s request that he stop; sug-gested to the complainant that sexualfavors could be used to pay her legal fees;

Professional Discipline DigestVolume 14, Number 4

By Stephen W. Aronson

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Prepared by CBA Professional Discipline Committee members frompublic-information records,this digest summarizes decisions by the StatewideGrievance Committee result-ing in disciplinary actiontaken against an attorney asa result of violations of theRules of Professional Conduct. The reported casescite the specific rule viola-tions to heighten the awareness of lawyers’ actsor omissions that lead todisciplinary action.

Visit www.ctbar.org2 C o n n e c t i c u t L a w y e r A u g u s t / S e p t e m b e r 2 0 0 5

and engaged in conduct prejudicial to theadministration of justice. Humphrey v. IraS. Mayo, #03-0209 (8 pages).

Reprimand issued for violation ofRule 1.15(c) where the complainant paida retainer of $1,100 pursuant to aretainer agreement with the respondent’spartner for representation in a dissolu-tion of marriage action. The respondentreceived $7,500 from a related realestate closing but failed to maintain it ina separate account, applying it towardlegal fees which were in dispute betweenthe complainant and the respondent con-cerning their respective interests in thefunds. Leone v. Theodore J. Wurz, #03-0189 (11 pages).

Presentment ordered for violation ofRules 1.3, 1.4(a), 1.15(a) and (b), 1.16(d),8.1(2), and 8.4(3) and Practice Book § 2-32(a)(1) where the respondent, represent-ing the complainant in a civil matter,failed to act with reasonable diligence andpromptness in defending the complainantand her husband by performing virtuallyno work on behalf of the clients during thecourse of representation. Respondentfailed to accurately advise the clients ofthe status of the matter; failed to keepthem reasonably informed as to the truestatus of their case; and engaged in con-duct involving deceit, dishonesty, and/ormisrepresentation by informing the com-plainant that he was working on the casewhen he had not done so. Respondent alsomisappropriated the unearned portion ofthe retainer, failed to safeguard theunearned portion of the retainer, andfailed to submit a written answer to thegrievance complaint. Complainant wasordered to seek an order of restitution forthe unearned portion of the $2,500retainer. Rodriguez v. Douglas R. Daniels,#04-0130 (8 pages).

Order of Continuing Legal Educa-tion issued for violation of Rule 8.1(2)and Practice Book § 2-27 where therespondent, an eighty-five-year-old attor-ney maintaining his practice on a limitedbasis, managed a trust fund but failed tokeep accurate records of a clients’ fundsaccount, which led to an overdraft of$60.05. Respondent failed to respond todemands from disciplinary authorities andwas ordered to attend a CLE seminar inlaw office management for a minimum of

three credit hours at his own expensewithin nine months of the issuance of thedecision. New Britain J.D./Hartford J.D.Grievance Panel v. Frank P. Lockard, #04-0478 (5 pages).

Presentment ordered for violation ofRules 1.3, 1.4(a), 1.5(a), and 8.1(2) andPractice Book § 2-32(a)(1) where therespondent accepted a $2,400 retainer torepresent the complainant in a family mat-ter but did not perform any work in con-nection with the complainant’s case andfailed to respond to the complainant’smonthly telephone calls and facsimilesrequesting information on the status of thecase. The committee ordered that the pre-sentment complaint include allegationsthat the respondent charged the com-plainant an unreasonable fee and failed tosubmit a written answer to the grievancecomplaint. Delbray v. Douglas R. Daniels,#02-0496 (8 pages).

Presentment ordered for violation ofRules 1.3, 1.4, 1.8(a) and (h), 1.15, 5.5(1),8.1(2), and 8.4(3) and Practice Book § 2-32(a)(1) where the respondent, engaged torepresent the complainant in two personalinjury matters, failed to pursue one of thematters, resulting in no payment to thecomplainant despite the fact that she hadagreed to a settlement. In one matter,respondent failed to properly safeguard$1,000 provided to him for payment of thecomplainant’s rent, which was not paid. Inaddition, respondent failed to safeguard$12,000 in settlement funds received inthe other personal injury matter, misrepre-sented the status of the cases, failed tohonor promises to turn over funds andfiles to the complainant, and failed to paya promissory note of $12,500, which therespondent prepared for the complainant.Respondent also failed to answer thegrievance complaint, failed to adequatelycommunicate with the complainantregarding the status of the personal injuryclaims, entered into a prohibited transac-tion with the complainant regarding apromissory note without advising theclient to seek independent counsel, andengaged in unauthorized practice of lawby continuing representation of the com-plainant subsequent to the date of his sus-pension. Santinon v. William E. Hill, #04-0282 (8 pages).

Reprimand issued for violation of

Rules 1.1, 1.3, and 1.4 where the respon-dent was hired to represent the com-plainant in a personal injury action butallowed the lawsuit to be dismissed twiceand failed to properly communicate withthe client during the period of the repre-sentation. In addition, the respondent wasordered to attend a continuing legal edu-cation seminar in law office managementwithin one year of the decision. Resha v.Terence S. Hawkins, #04-0184 (9 pages).

Reprimand issued for violation ofRules 1.1, 1.3, and 1.4(a) and (b) and Prac-tice Book § 2-32(a)(1) where the respon-dent, hired to file a bankruptcy petition,failed to prepare or file the petition, failedto respond to the complainant’s numeroustelephone calls and letters for a period inexcess of two years, and failed to answerthe grievance complaint. Respondent wasordered to attend a minimum of three credithours of continuing legal education in bothlaw office management and ethics at hisown expense within nine months of thedecision. Varrone v. Christopher Green-wood, #03-0500 (9 pages).

Reprimand issued for violation ofRule 8.1(2) and Practice Book §§ 2-32(a)(1) and 2-27(d) where the respondentfailed to respond to inquiries made by dis-ciplinary authorities following receipt ofoverdrafts and failed to submit a com-pleted attorney registration form on anannual basis. The respondent’s prior expe-riences with the disciplinary process wereconsidered aggravating factors in theimposition of discipline. Horwitch v.Susan S. Maignan, #03-0302 (10 pages).

Reprimand issued for violation ofRules 1.3 and 1.4(a) where the respon-dent, representing the complainant in con-nection with a real estate refinancing,failed to disburse the closing proceeds topay off a first mortgage in excess of$150,000 and a home equity loan inexcess of $21,000 in a timely manner,failed to promptly return the com-plainant’s telephone calls regarding thenonpayment, and failed to verify thatappropriate disbursements had been madeafter the closing. Covello v. Stephen Fein-stein, #03-0289 (10 pages).

Presentment ordered for violation ofRules 1.3, 1.15(b), and 8.4(3) and (4)where the respondent, retained to repre-sent the executrix of a decedent’s estate

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and to handle the decedent’s funeralpreparations, failed to pay the com-plainant’s funeral home bill in a timelymanner, which caused the debt to increasesubstantially through accrued interest andattorney’s fees. Respondent also know-ingly prepared and notarized a finalaccounting of the estate that containedmisrepresentation that the complainant’sbill had been paid when it had not, andengaged in conduct prejudicial to theadministration of justice by withholdingfunds rightfully owed to the complainant,causing the complainant to turn to thecourts for a remedy. West Haven FuneralHome, Inc. v. Ronald F. Bozelko, #03-0215 (10 pages).

Reprimand issued for violation ofRules 1.2, 1.3, and 1.4(a) and (b) wherethe respondent, engaged to represent thecomplainants in a lawsuit against theircondominium association for damage totheir unit, failed to pursue the matter in adiligent manner or to act in accordancewith the complainants’ objectives; failedto return the complainants’ telephone callsand written communications requestinginformation on the status of the matter andseeking a refund of their $1,400 paidretainer; and failed to adequately discussthe complainants’ claim with them on acontinuous basis, denying them the abilityto make informed decisions about theirrepresentation. The respondent returnedthe retainer, with interest, only after thefiling of the grievance complaint. Traceyv. Gerald M. Still, #03-0214 (10 pages).

Reprimand issued for violation ofRules 1.3 and 1.4(a) and (b) where therespondent, retained by the complainant torepresent her in connection with injuriessustained in an automobile accident,failed to act with reasonable diligence andpromptness by not pursuing the personalinjury case, by misplacing the com-plainant’s file, by avoiding contact withthe client, by failing to respond to numer-ous telephone messages from the com-plainant regarding the status of the case,by failing to advise the complainant of thetrue status of the claim, and by notexplaining that the statute of limitationswas to expire soon. McClintock v. GerardP. Smith, #02-1267 (10 pages).

Presentment ordered for violation ofRules 1.3, 1.7, 1.9, and 8.1(2) and Practice

Book § 2-32(a)(1) where the respondentrepresented both a property managementcompany and the complainant real estateinvestor who loaned monies to the man-agement company. Respondent failed torecord mortgages securing the com-plainant’s indebtedness, represented boththe complainant and the property manage-ment company without obtaining conflictwaivers, and failed to answer the griev-ance complaint. Geddes v. Patrick T. Hul-ton, #04-0443 (7 pages).

Presentment ordered for violation ofRules 1.3, 1.4(a) and (b), and 1.16(d) andPractice Book § 2-32(a)(1) where therespondent, hired to represent the com-plainant in an employment discriminationclaim, performed no work after filing aninitial complaint with the Equal Employ-ment Opportunity Commission. Respon-dent failed to respond to requests forinformation by the EEOC, allowed thestatute of limitations to expire, failed torespond to the complainant’s numerousinquiries about the status of the matter,failed to inform the complainant that theclaim had been dismissed by the EEOCand that the appeal period would expire,failed to return the unearned portion of a$750 retainer, and failed to answer thegrievance complaint. The committee alsonoted the respondent’s grievance history,which included five reprimands, five pre-sentments, and a one-year suspensionfrom the practice of law. Amabile v.Rebecca L. Johnson, #02-1215 (11 pages).

Order of Continuing Legal Educa-tion issued for violation of Rules 1.3 and1.15(b) where the respondent, hired torepresent the complainant in real estatetransactions, failed to confirm receipt of awire transfer to pay off a mortgage loan,despite the lender’s specific instructions,and failed to remit payment in a timelymanner. Respondent was ordered to attenda CLE seminar in law office managementfor a minimum of three credit hours at hisown expense. Sherbo v. Robert E. Ghent,#03-0241 (6 pages).

Reprimand issued for violation ofRules 1.15(b) and 8.4(3) where therespondent represented the complainantin claims arising from an automobileaccident. The complainant had previouslyretained another attorney before retainingthe respondent, then terminated his rela-

tionship with the respondent and hiredtwo different attorneys before terminatingthose relationships and, again, retainingthe respondent. Respondent received set-tlement proceeds but failed to notify oneof the lawyers who had an interest inthose funds, having reimbursed therespondent for expenses advanced in con-nection with the case. Larsen v. Arnold L.Beizer, #03-0165 (8 pages).

Reprimand issued for violation ofRules 1.3 and 1.4(b) where the respon-dent, hired to represent a native of Sudanand citizen of Yemen in resisting deporta-tion and obtaining a visa and green card,failed to file a brief with the ImmigrationBoard of Appeals despite notice that theappeal would be dismissed if the briefwas not filed, failed to notify the com-plainant that his appeal had been dis-missed and that there was a thirty-dayperiod in which to further appeal thedecision, and left an associate to speakwith the complainant about the dismissaleleven months after the appeal periodhad expired. Almasoudi v. Jose L. Del-castillosalamanca, #02-0662 (9 pages).

Presentment ordered for violation ofRule 1.3, 1.4(a), and 8.4(4) and PracticeBook § 2-32(a)(1) where the respondent,who represented the complainant in con-nection with a personal injury claim,failed on numerous occasions to respondto the complainant or his pastor’s inquiriesabout the status of the matter, failed toanswer the grievance complaint in atimely manner, failed to represent thecomplainant diligently in that he con-tacted the insurance company but ceasedworking on the matter when the insurancecompany told him that its records showedthat the complainant was deceased, andallowed the statute of limitations to expire.Respondent also failed to appear at a con-tinued grievance hearing after beingadvised that the committee wanted addi-tional information regarding his failure topursue the complainant’s claim. Lar-racuente v. Michael Anthony D’Onofrio,#03-0444 (9 pages).

Reprimand issued for violation ofRules 1.3, 1.4(a), 1.8(e), and 1.16(d)where the respondent, hired to representthe complainant in a personal injuryclaim, properly investigated the claim butfailed to inform the complainant that he