STATEWIDE GRIEVANCE COMMITTEE

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

Grievance Complaint #95-0724

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 3, 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 Rules 1.15 and 8.4 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 3, 1997, Attorney Gregory Benoit appeared on behalf of the Complainant. The Respondent did not appear. The reviewing committee heard the testimony of Attorney John Carta. Exhibits were received into evidence.

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

The Respondent represented Beverly B. Rondo in connection with a personal injury claim relative to an October 1994 automobile accident. In November 1995, Ms. Rondo signed a release in connection with a $12,000.00 settlement. A settlement check in the amount of $12,000.00 was issued payable to Ms. Rondo and the Respondent dated November 28, 1995. The Respondent signed the Complainant's name to the settlement check without authorization. The back of the check bears two signatures, the Respondent's and Ms. Rondo's. Ms. Rondo never signed the check. The Respondent cashed the check. Ms. Rondo never received an accounting from the Respondent of any disbursements. The Respondent did not pay any of Ms. Rondo's medical expenses or other incurred expenses. Ms. Rondo did not receive any funds from the proceeds of the settlement check. Attorney John Carta testified that there was no evidence of a deposit into the Respondent's clients' fund account of funds in the amount of $12,000.00.

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

This reviewing committee concludes that the Respondent's conduct in connection with the Complainant's settlement check violated the Rules of Professional Conduct. The Respondent signed Ms. Rondo's settlement check without authorization in violation of Rule 8.4 of the Rules of Professional Conduct. The Respondent failed to account to Ms. Rondo for the settlement proceeds in violation of Rule 1.15 of the Rules of Professional Conduct. The Respondent failed to safekeep and deliver the settlement funds to Ms. Rondo in violation of Rule 1.15 and 8.4 of the Rules of Professional Conduct. 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 in the Superior Court for the imposition of whatever discipline the court deems appropriate.

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Attorney Robert J. Kor

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Attorney David A. Curry

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Ms. Mary Ellen Smith