STATEWIDE GRIEVANCE COMMITTEE

Sherrye Lucatino, Complainant vs. Edan F. Calabrese, Respondent :

Grievance Complaint #95-1072

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, 300 Grand Street, Waterbury, Connecticut on November 7, 1996. The hearing addressed the record of the complaint filed on June 26, 1996 and the probable cause determination filed by the New Haven Judicial District, Geographical Areas 7 & 8 Grievance Panel on August 27, 1997, finding that there existed probable cause that the Respondent violated Rules 1.3, 1.4, 1.5 and 8.4(d) of the Rules of Professional Conduct.

Notice of the hearing was mailed to the Complainant and to the Respondent on October 18, 1996. At the hearing on November 7, 1996, the Complainant and the Respondent did not appear.

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

In January, 1996, the Respondent agreed to represent the Complainant in prosecuting a dissolution action. The Complainant gave the Respondent a $400.00 retainer check. Subsequently, the Respondent forwarded a written fee agreement which was signed by the Complainant. In May, 1996, the Complainant wrote a letter to the Respondent requesting information regarding the matter. The Complainant did not receive a response. The Respondent did not file the divorce action. In June, 1996, the Complainant filed a small claims action against the Respondent. In September, 1996, the Respondent forwarded a $425.00 reimbursement check to the Complainant.

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

The Respondent failed to exercise reasonable diligence in representing the Complainant in a divorce case in violation of Rule 1.3 of the Rules of Professional Conduct by failing to file the action. The Respondent failed to keep the Complainant reasonably informed regarding the status of the matter and failed to comply with her reasonable requests for information in violation of Rule 1.4 of the Rules of Professional Conduct. The Respondent's conduct breached ethical standards. We recommend that the Statewide Grievance Committee reprimand the Respondent.

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Attorney Thomas Cloutier

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Mr. Carmen Donnarumma