STATEWIDE GRIEVANCE COMMITTEE

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

Grievance Complaint #95-0726

PROPOSED DECISION

Pursuant to Practice Book '27J, the undersigned, duly-appointed reviewing committee of the Statewide Grievance Committee, conducted hearings at the Superior Court, 95 Washington Street, Hartford, Connecticut on April 3, 1997 and June 5, 1997. The hearings 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 Rules 1.15 and 8.4 of the Rules of Professional Conduct.

Notice of the April 3, 1997 hearing was mailed to the Complainant and to the Respondent on February 24, 1997. Notice of the June 5, 1997 hearing was mailed to the Complainant and to the Respondent on April 25, 1997. The Respondent appeared at the April 3, 1997 hearing and requested that he be excused from all hearings held on April 3, 1997 and waived the right to appear. Attorney Gregory Benoit appeared on behalf of the Complainant at the April 3, 1997 hearing. At the April 3, 1997 hearing, the reviewing committee heard the testimony of Attorney John Carta. At the June 5, 1997 hearing, the reviewing committee heard the testimony of Robert Alfano. Exhibits were received into evidence.

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

On or about December 13, 1995, the Respondent received a check in the amount of $9,000.00 as trustee for Alfano Contracting. The check represented the purchaser's deposit on a home under construction by Alfano Contracting. Robert Alfano, the Respondent's client, was to receive a check from the Respondent for $8,650.00. The Respondent's fee was $350.00. Mr. Alfano received a check from the Respondent for $9,000.00, however, the Respondent's account did not have sufficient funds to honor the check. Mr. Alfano never received the funds owed to him from the Respondent.

The reviewing committee also considered the following evidence:

Attorney Carta testified that there was no record that the funds received from Mr. Alfano went into the Respondent's clients' fund account.

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

The Respondent received a $9,000.00 check as trustee for delivery of $8,650.00 in funds to Mr. Alfano. The Respondent failed to deliver the funds to his client in violation of Rules 1.15 and 8.4 of the Rules of Professional Conduct. In consideration of the seriousness of the misconduct, we recommend that the Statewide Grievance Committee file a presentment against the Respondent with the Superior Court 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