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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)

Full Text

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respondent’s representation of her. At the presentment
         hearing, the respondent credibly testified that she orally
         advised Williams that there were some restrictions on
         her ability to represent her before the Appellate Court.
         However, her oral advisement was completely inconsis-
         tent with the express terms of the retainer letter, which
         made no reference whatsoever as to any limitations
         placed upon her by the Appellate Court. Such conflict-
         ing information made it impossible for Williams to make
         an informed decision regarding the respondent’s repre-
         sentation of her. The tangible impact of this was exem-
         plified through the respondent’s inability to file an
         appearance in the Appellate Court on Williams’ behalf.
         Because of this, the respondent did not receive any
         notices from the Appellate Court relative to the case
         and had to rely upon Hardy for information as to the
         status of the case. After traveling out of the country to
         Africa for several weeks from late December, 2016, to
         sometime in January, 2017, it was only upon her return
         that she learned from Hardy that the motion to file a
         late appeal had been denied. By the time the respondent
         could consult with Williams, the period to seek any
         further appeal to the Supreme Court had passed.
            Notably, Hardy also testified at the hearing that he
         and the respondent had been involved in a similar
         arrangement relative to an appeal to the Appellate Court
         involving an individual by the name of Darric M.9 [Tr.
         2 22:21–23:4, 48:10–50:2, 51:5–52:11, Hardy]. In that
         instance, while the respondent was under suspension
         by the Appellate Court, it was agreed that Hardy would
         file the appearance with the court and physically appear
         while the respondent would do work similar to what
         was described relative to the Williams matter. This,
           9
             The court takes judicial notice of the matter of Jordan M. v. Darric M.,
         Superior Court, judicial district of New Haven, Docket No. FA-XX-XXXXXXX-
         S, as well as the Appellate Court case, Jordan M. v. Darric M., 168 Conn.
         App. 314, 146 A.3d 1041, cert. denied, 324 Conn. 902, 151 A.3d 1287 (2016).
Page 60                          CONNECTICUT LAW JOURNAL                           November 3, 2020