STATEWIDE GRIEVANCE COMMITTEE

Maria Cruz, John A. Pinheiro, Complainants vs. William Browne, Respondent

Grievance Complaint #98-0142B

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, 95 Washington Street, Hartford, Connecticut on May 6, 1999. The hearing addressed the record of the complaint filed on August 20, 1998, and the probable cause determination rendered by a reviewing committee of the Statewide Grievance Committee on December 18, 1998, finding that there existed probable cause that the Respondent violated Rule 1.8 of the Rules of Professional Conduct. The reviewing committee's probable cause determination was contrary to the determination of no probable cause filed by the Fairfield Judicial District Grievance Panel on November 9, 1998.

Notice of the hearing was mailed to the Complainants and to the Respondent on March 26, 1999. The Complainants and the Respondent appeared and testified at the hearing. The Complainant, Maria Cruz, was represented by Attorney John Pinheiro.

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

The Complainant, Maria Cruz, retained the Respondent in or around April of 1992 following a fall in Bridgeport that injured her. In 1994, the Respondent commenced a civil action for Ms. Cruz's personal injuries. In 1998, Ms. Cruz retained the Complainant, Attorney John Pinheiro, to represent her in the civil action and terminated the representation of the Respondent. Thereafter, Attorney Pinheiro and the Respondent exchanged a series of letters regarding Ms. Cruz's file and fees and costs owed the Respondent.

Between 1992 and 1998, the Respondent periodically lent money to Ms. Cruz for humanitarian purposes. The Respondent's intent was to have the money paid back by Ms. Cruz when her civil action settled or when it was transferred to another law office. Accordingly, when Attorney Pinheiro informed the Respondent that he had been retained in lieu of the Respondent to represent Ms. Cruz in her civil action, the Respondent on or around August 3, 1998 responded in writing to Attorney Pinheiro that Ms. Cruz owed him the amount of $2,430.00 for periodic personal loans made to her.

This reviewing committee also considered the following testimony:

The Respondent admitted that he made the personal loans but stressed the fact that they were made for humanitarian purposes as Ms. Cruz often lacked adequate food, clothing and shelter for herself and her children during his representation in her civil action.

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 violated Rule 1.8(e) of the Rules of Professional Conduct by loaning money to Maria Cruz during the course of his representation of her, with the intent that the funds be repaid at the time the matter was settled, or transferred to new counsel. We appreciate the candor displayed by the Respondent and acknowledge that the money was lent for humanitarian reasons. Nonetheless, Rule 1.8(e) clearly prohibits this conduct. Accordingly, we reprimand the Respondent.

Attorney Frederick W. Krug

Attorney David A. Curry

Ms. Mary Ellen Smith