STATEWIDE GRIEVANCE COMMITTEE

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

Grievance Complaint #95-0723

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 February 25, 1997. At the hearing on April 13, 1997, the Respondent did not appear. Attorney Gregory Benoit appeared on behalf of the Complainant. The reviewing committee also heard the testimony of Attorney John Carta. Exhibits were received into evidence.

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

In September 1994, Valerie Loson deposited approximately $40,000.00 with Attorney Beth A. Carpenter, then an attorney in the Respondent's firm, to be held in trust for Ms. Loson's benefit. In January 1995, Ms. Loson met with Attorney Carpenter and the Respondent and signed paperwork to release the $40,000.00 to the Respondent to be held in trust in connection with the Respondent's assistance in financial matters. In March or April of 1995, Ms. Loson additionally deposited approximately $6,000.00 with the Respondent. Ms. Loson received approximately $7,000.00 from the Respondent. However, Ms. Loson did not receive an accounting from the Respondent. Ms. Loson commenced civil suit against the Respondent and obtained a judgment in the amount of $40,592.01 plus $394.40 in costs. The judgment is uncollected.

At the hearing before this reviewing committee, Ms. Loson testified that the $40,000.00 deposited with the Respondent was left to her by her deceased father. Attorney John Carta testified that he was appointed trustee for the Respondent in December of 1995. Attorney Carta further testified that he examined the Respondent's clients' funds accounts at the time of his appointment and the balance was approximately $2,400.00.

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

This reviewing committee concludes that the Respondent's conduct in connection with the handling of funds deposited by Ms. Loson involves a breach of the Rules of Professional Conduct. The Respondent failed to safekeep or provide an accounting relative to approximately $29,000.00 of Ms. Loson's funds in violation of Rule 1.15 of the Rules of Professional Conduct. The reviewing committee notes that $7,000.00 was released by the Respondent to Ms. Loson. The reviewing committee further notes that the Respondent has not reimbursed Ms. Loson the balance of the funds she is entitled to receive. Since we conclude that the Respondent violated the Rules of Professional Conduct and 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