STATEWIDE GRIEVANCE COMMITTEE
William E. Wheeler, Sr.,Complainant vs. Kenneth
E. Wheeler, Respondent
Grievance Complaint #02-1022
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,
235 Church Street, New Haven, Connecticut on October 1, 2003. The hearing addressed the record of the
complaint filed on April 24, 2003 and the probable cause determination filed by
the Stamford/Norwalk Judicial District Grievance Panel on July 3, 2003, finding
that there existed probable cause that the Respondent violated Rules 1.3, 1.4,
3.1, 3.2 and 8.4 (2), (3) and (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 September
8, 2003. The Complainant appeared and
testified. The Respondent did not appear.
Attorney Deborah Cantrell represented the Complainant, assisted by law
student interns Thomas Koval and Lea Fletcher of the Yale Law School Lawyering
Ethics Clinic.
This
reviewing committee finds the following facts by clear and convincing evidence:
The
Complainant is the Respondent’s father.
On or about June 26, 2000, the Respondent used the Complainant’s social
security number without the knowledge or consent of the Complainant to obtain a
loan from Key Bank USA National Association (hereinafter, “Key Bank”) in
connection with the lease of a 1999 Porsche Model 911 automobile. The Respondent signed a lease credit
application on June 26, 2000 in connection with the transaction. In or around December of 2000, the Respondent
defaulted on the loan from Key Bank. On
or about May 1, 2002, Key Bank initiated a replevin action in the Superior
Court against the Complainant, the Respondent and others for the vehicle (Key
Bank USA National Association vs. Wheeler & Synder, et al, Docket No.
CV02-0189331S). The Respondent appeared
and “represented” the Complainant, himself, and the other defendants in the
lawsuit without the Complainant’s knowledge or consent. Thereafter, the Respondent permitted summary
judgment to enter against the Complainant on December 2, 2002. An order of
judgment entered on January 27, 2003 in the amount of $101,635.15 plus $34.82
per diem interest from December 2, 2002 until collected. The Complainant first learned of the lawsuit
and judgment when he received a letter from Key Bank’s counsel, Robin Keller,
dated March 5, 2003, informing him that he owed a balance due of $101,635.15
plus interest pursuant to the judgment.
The
Respondent did not file an answer to the grievance complaint.
This reviewing committee finds the following violations of the Rules of Professional Conduct by clear and convincing evidence:
The Respondent’s unauthorized use of the Complainant’s social security number to obtain financing for a Porsche Model 911 automobile involved a criminal act that reflects adversely on his honesty, trustworthiness, and fitness as a lawyer in violation of Rule 8.4(2) the Rules of Professional Conduct. The Respondent’s use of the Complaint’s social security number without the Complainant’s knowledge or consent to obtain a loan in connection with the lease of the Porsche involved conduct involving dishonesty, fraud, deceit and misrepresentation in violation of Rule 8.4(3) of the Rules of Professional Conduct. The Respondent misrepresented himself to the court as counsel for the Complainant in the Key Bank litigation in violation of Rule 8.4(3) of the Rules of Professional Conduct. The Respondent engaged in conduct prejudicial to the administration of justice by misrepresenting himself to the Court as counsel for the Complainant in the Key Bank litigation and by permitting summary judgment to enter against the Complainant in violation of Rule 8.4(4) of the Rules of Professional Conduct. The Respondent failed to respond to the grievance complaint without demonstrating good cause in violation of Practice Book §2-32(a)(1). Since the Respondent held himself out as counsel for the Complainant in the Key Bank litigation without the Complainant’s knowledge or consent, we find the record lacks clear and convincing evidence of any attorney-client relationship or a violation of Rules 1.3, 1.4, 3.1 or 3.2 of the Rules of Professional Conduct by the Respondent. Since we conclude that the Respondent violated the Rules of Professional Conduct and in consideration of the seriousness of the misconduct, we order that a presentment be filed against the Respondent in the Superior Court for the imposition of whatever discipline the court deems appropriate. Pursuant to Practice Book §2-35(f), we order that our findings relative to the Respondent’s violation of Rule 8.4(2) of the Rules of Professional Conduct be reported to the Chief State’s attorney.
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Attorney
Noble Allen
___________________________________
Attorney
Tracie Molinaro
____________________________________
Mr.
George W. Sawyer