STATEWIDE GRIEVANCE COMMITTEE

Ronald J. Montagna, Complainant vs. Lawrence Heath Dickson, Respondent 

Grievance Complaint #94-0653 

PROPOSED DECISION

Pursuant to Practice Book §27J (now §2-35), the undersigned, duly-appointed reviewing committee of the Statewide Grievance Committee, conducted a hearing at the Superior Court, 235 Church Street, New Haven, Connecticut on July 12, 1995. The hearing addressed the record of the complaint filed on January 26, 1995, and the probable cause determination filed by the Hartford/New Britain Judicial District, Geographical Areas 12, 15, 16 and 17 Grievance Panel on April 7, 1995, finding that there existed probable cause that the Respondent violated Rule 1.4 of the Rules of Professional Conduct.

Notice of the July 12, 1995 hearing was mailed to the Complainant and to the Respondent on June 15, 1995. The Complainant did not appear at the hearing before this reviewing committee. The Respondent appeared at the hearing represented by Attorney William F. Gallagher.

This reviewing committee finds the following facts by clear and convincing evidence:

In or about 1991, the Complainant hired the Respondent to bring a wrongful termination suit on behalf of the Complainant. On or about April 10, 1992, the Court granted the employer's motion for summary judgment and the Complainant's case was dismissed. In or about 1993 and 1994, the Respondent sent the Complainant purported memoranda, briefs, interrogatories and letters indicating that the case was still pending. In or about late 1994, the Complainant called the Court and was informed that his case had been dismissed on April 10, 1992. On or about December 23, 1994, the Complainant telephoned the Respondent and told the Respondent that he had been informed by the Court that his case was dismissed. The Respondent feigned shock and promised to telephone the Complainant back. The Respondent did not telephone the Complainant back. The following week the Complainant telephoned another member of the Respondent's firm and reported these facts to the other member of the Respondent's firm. Thereafter, the Complainant telephoned the Respondent and at that time the Respondent represented that the case had settled in 1992 but that he had not wanted to so inform the Complainant.

At the hearing before this reviewing committee, the Respondent, through counsel, admitted that the purported memoranda, briefs, interrogatories and letters indicating that the case was still pending, which the Respondent sent to the Complainant in or about 1993 and 1994, were either created or redated and forwarded to the Complainant. The Respondent further admitted signing opposing counsel's name to the defendant's supplemental brief in support of summary judgment, which was created by the Respondent and sent to the Complainant but never filed with the court. The Respondent admitted writing letters in 1994 to the Complainant containing false statements that the case was still pending. The Respondent acknowledged, through counsel, a violation of Rule 1.4 of the Rules of Professional Conduct.

This reviewing committee concludes by clear and convincing evidence that the Respondent violated Rule 1.4 of the Rules of Professional Conduct. The Respondent failed to keep the Complainant, his client, reasonably informed about the status of the wrongful termination suit, which the Respondent was hired to bring. The Respondent failed to promptly comply with the Complainant's reasonable requests for information. The Respondent failed to explain the granting of the summary judgment and the dismissal of the case to the Complainant to permit the Complainant to make informed decisions regarding the representation. Accordingly, this reviewing committee recommends that the Statewide Grievance Committee present the Respondent to the Superior Court for whatever discipline the Superior Court may deem appropriate. This reviewing committee further recommends that this proposed decision be without prejudice to an additional finding of probable cause, if any. 

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Attorney Thomas Cloutier

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Attorney Lewis A. Hurwitz

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Mr. Marcus R. McCraven