STATEWIDE GRIEVANCE COMMITTEE

New London Judicial District Grievance Panel, Complainant vs. Haiman Long Clein, Respondent

Grievance Complaint #95-0722

PROPOSED DECISION

Pursuant to Practice Book '27J, the undersigned, duly-appointed reviewing committee of the Statewide Grievance Committee, conducted a hearing at the Superior Court, 95 Washington Street, Hartford, Connecticut on April 13, 1997. The hearing addressed the record of the complaint filed on March 11, 1996 and the probable cause determination filed by the Tolland Judicial District Grievance Panel on June 12, 1996, finding that there existed probable cause that the Respondent violated Rule 1.15 of the Rules of Professional Conduct.

Notice of the hearing was mailed to the Complainant and to the Respondent on December 31, 1996. At the hearing on April 13, 1997, the Respondent did not appear. Attorney Gregory Benoit appeared on behalf of the Complainant.

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

The Respondent represented Henry and Mary Rynecki with regard to a foreclosure action. In March of 1995, the Ryneckis gave the Respondent two checks totalling $20,000.00 to be held in trust in connection with the possible work-out of a mortgage foreclosure. The Respondent did not work-out a settlement of the foreclosure action. The Respondent did not return the $20,000.00 to the Ryneckis. Subsequently, the Ryneckis engaged other counsel, who negotiated a modification and reinstatement agreement and ultimately the foreclosure action was withdrawn on or about April 3, 1996.

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

The Respondent's conduct in representing the Ryneckis in a foreclosure action involved a breach of the Rules of Professional Conduct. The Respondent failed to return the Rynecki's $20,000.00 upon not working-out a settlement of the foreclosure action in violation of Rule 1.15 of the Rules of Professional Conduct. In consideration of the seriousness of the misconduct, we recommend that the Statewide Grievance Committee file a presentment in the Superior Court against the Respondent for the imposition of whatever discipline the court deems appropriate.

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Attorney David A. Curry

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Attorney Robert J. Kor

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Ms. Mary Ellen Smith