STATEWIDE GRIEVANCE COMMITTEE

Dora Allen, Complainant vs. Mark Warren, Respondent

Grievance Complaint #99-0266

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, 300 Grand Street, Waterbury, Connecticut on February 3, 2000. The hearing addressed the record of the complaint filed on September 15, 1999, and the probable cause determination filed by the Fairfield Judicial District Grievance Panel on November 8, 1999, finding that there existed probable cause that the Respondent violated Rule 1.4 of the Rules of Professional Conduct, and Practice Book Sections 2-32(a)(1) and 2-27(d).

Notice of the hearing was mailed to the Complainant and to the Respondent on December 29, 1999. The Complainant’s son appeared and testified before this reviewing committee. The Respondent, who was recently disbarred, did not answer the complaint and did not appear for the hearing.

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

The Complainant is the mother of David White, the defendant in a criminal matter. The Respondent was retained to represent Mr. White. In the sixteen months during which the Respondent represented Mr. White, the Respondent only came to see him in jail one time. The Respondent has failed to return phone calls. The Respondent missed at least three court appearances. On those few occasions when Mr. White saw the Respondent in court, the Respondent’s only actions were to ask for continuances.

This reviewing committee concludes by clear and convincing evidence that the Respondent violated Rule 1.4(a) by failing to adequately communicate with David White throughout the sixteen month period during which the Respondent represented Mr. White. The committee further concludes that the Respondent violated Practice Book Section 2-32(a)(1), by failing to file a response to the grievance complaint, and Practice Book Section 2-27(d), by failing to register with the Statewide Grievance Committee. The committee orders that the Respondent be presented to the Superior Court for whatever discipline the court deems appropriate.

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Attorney Katherine Webster-O’Keefe

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Attorney Frederick W. Krug