STATEWIDE GRIEVANCE COMMITTEE

Martin McQuillan, Complainant vs. Robert A. Izzo, Respondent

Grievance Complaint #01-0454

DECISION

Pursuant to Practice Book §2-35, the undersigned, duly appointed reviewing committee of the Statewide Grievance Committee, conducted a hearing at the Superior Court, 95 Washington Street, Hartford, Connecticut on May 9, 2002.  The hearing addressed the record of the complaint filed on November 23, 2001, and the probable cause determination filed by the New Britain Judicial District, and Judicial District of Hartford for Geographical Area 12 and the towns of Avon, Bloomfield, Canton, Farmington and West Hartford Grievance Panel on January 24, 2002, finding that there existed probable cause that the Respondent violated Rules 1.3, 1.4, 1.15, 1.16 and 8.4 of the Rules of Professional Conduct and Practice Book §2-32(a)(1).

Notice of the hearing was mailed to the Complainant and to the Respondent on March 27, 2002.  The Complainant appeared at the hearing and testified. The Respondent did not appear at the hearing.  The hearing notice to the Respondent was returned to the Statewide Grievance Committee on July 22, 2002 marked return to sender, box closed, unable to forward.  On May 6, 2002, a subpoena commanding the Respondent’s appearance at the hearing was served by a State Marshal at the Respondent’s abode and in the hands of the Respondent’s son.

This reviewing committee makes the following findings of fact by clear and convincing evidence:

In January of 2001, the Respondent was hired by Patricia Touma to represent the estate of Phillip J. Touma.  Patricia Touma was the executrix of the estate of Phillip J. Touma.  In connection with his representation of the estate, the Respondent came into possession of approximately $2,800.00 of estate funds.  The Respondent did not submit the testator’s will or any estate documents to probate. 

In and between January and July of 2001, the executrix requested information from the Respondent regarding the status of the estate.  The Respondent did not respond to her requests for information. 

In July of 2001, the executrix retained the Complainant, an attorney, to replace the Respondent as counsel for the estate.  The Complainant sent the Respondent a letter dated July 11, 2001 informing the Respondent that the Complainant had been retained, enclosing a letter of termination of the Respondent’s services from the executrix, and requesting the Respondent’s entire file regarding the estate.  On July 26, 2001, the Complainant sent the Respondent a second letter requesting the file, and also requesting that the Respondent provide an accounting of estate funds to the Complainant, and forward any estate funds in the Respondent’s possession to the Complainant.  While the Respondent did turn over the file to the Complainant, he did not provide an accounting or transfer any estate funds to the Complainant.  The Respondent did not file an answer to this grievance complaint. 

 This reviewing committee finds the following violations of the Rules of Professional Conduct by clear and convincing evidence:

The Respondent’s failure to answer this complaint without good cause constitutes misconduct in violation of Practice Book §2-32(a)(1).  The Respondent’s failure to file any probate or related documents during the period of his representation of the estate constitutes a violation of Rule 1.3 of the Rules of Professional Conduct.  The Respondent’s failure to respond to requests for information from the executrix constitutes a violation of Rule 1.4 of the Rules of Professional Conduct.  The Respondent’s failure to account for and deliver estate funds constitutes a violation of Rule 1.15 of the Rules of Professional Conduct.  The Respondent’s failure to surrender estate funds to successor counsel upon termination of his representation constitutes a violation of Rules 1.16 and 8.4 of the Rules of Professional Conduct.  Accordingly, we order that the Respondent be presented to the Superior Court for the imposition of whatever discipline the court may deem appropriate.

                                                      
Attorney Anne Hoyt

                                                       
Attorney Vincent DeAngelo

                                                       
Ms. Johanna Kimball