Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
- Citation
- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
- Parent Document
- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
- Jurisdiction
- Connecticut (state)
- Effective Date
- 2020-04-27
Other Sections in This Document (122)
- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
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- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
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- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
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- Office of Chief Disciplinary Counsel v. Miller, 335 Conn. 474 (2020)
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Full Text
2,396 charsOn June 9, 2016, a reviewing committee of the SGC
conducted a hearing on complaint #15-0652 and issued
a decision on November 18, 2016, finding clear and
convincing evidence that the respondent knowingly
failed to respond to the lawful demand for information
from the disciplinary authority, noting that as of the
date of that hearing, no documents had been submitted
by the respondent. [Petitioner’s Ex. 13].
At the presentment hearing before this court, the
respondent submitted Respondent’s Exhibit O, which
included an e-mail dated June 22, 2016, from the peti-
tioner acknowledging receipt of some of the documents
originally requested on March 30, 2016. It also again
asked for the IOLTA statements from the bank support-
ing the documents the respondent had belatedly for-
warded. In her testimony, the respondent admitted that
she did not timely or fully comply with the initial
request. [Tr. 4 53:14–24, Miller]. She acknowledged that
her reply was delivered not only eighty-four (84) days
after the original request, but also after the reviewing
committee had completed its hearing. [Tr. 4 53:4–10,
Miller].
As to rule 1.15 (a) (5) of the Rules of Professional
Conduct, the rule reads in relevant part: ‘‘An IOLTA
account shall include only client or third person funds
. . . .’’ Third person funds held by an attorney may only
be placed in an IOLTA account in connection with the
representation of a client.5 The court finds by clear and
convincing evidence that the respondent has violated
rule 1.15 (a) (5). The $200,000 given to the respondent
by Ms. I Am was an unconditional gift that was accepted
by the respondent and became her personal property.
She deposited those funds into her IOLTA account and
5
Rule 1.15 (b) provides in relevant part: ‘‘A lawyer shall hold property of
clients or third persons that is in a lawyer’s possession in connection with
a representation separate from the lawyer’s own property. . . .’’
November 3, 2020 CONNECTICUT LAW JOURNAL Page 43