STATEWIDE GRIEVANCE COMMITTEE
Tabitha Summerlin, Complainant vs. John
Conway, Respondent
Grievance Complaint #02-0183
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, 300
Grand Street, Waterbury, Connecticut on May 6, 2003. The hearing addressed the record of the
complaint filed on August 20, 2002, and the probable cause determination
rendered by a reviewing committee of the Statewide Grievance Committee on March
20, 2003, finding that there existed probable cause that the Respondent
violated Rules 1.3, 1.15(a), 1.15(b), 8.4(3) and 8.4(4) 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 New Britain Judicial District, and Judicial
District of Hartford for Geographical Area 12 and the towns of
Notice of the hearing was mailed to the
Complainant and to the Respondent on March 28, 2003. The Respondent appeared at the hearing and
testified. The Complainant, represented
by Attorney John Buckley, appeared and testified at the hearing. Exhibits were received into evidence.
This reviewing
committee makes the following findings of fact by clear and convincing
evidence:
On February 24,
1998, Thomas O’Neal Summerlin, Sr., the Complainant’s brother, was killed in an
automobile accident. The Complainant was
appointed as administratrix for the estate of her late brother. On May 18, 1998, the Complainant, in her
capacity as administratrix, retained the Respondent to bring a wrongful death
action to recover monies relating to the death of her late brother. The Respondent also agreed to represent the
estate of Thomas O’Neal Summerlin, Sr. in probate court. On or before March 6, 2000, through the
wrongful death action, the Respondent recovered $375,000 for the estate of
Thomas O’Neal Summerlin, Sr. After
deducting his legal fee and costs, the estate was owed a net balance of
$253,823.25. As of August 2, 2002, the
Respondent had not filed the inventory and final accounting for the estate as
required and requested by the probate court.
The Complainant requested an accounting from the Respondent. The
Respondent did not provide the Complainant with an accounting of the settlement
proceeds. In and between approximately the years 2000 and 2002, the Respondent
converted and misappropriated $253,823.25 of settlement proceeds for his own
use.
This reviewing
committee finds the following violations of the Rules of Professional Conduct
by clear and convincing evidence:
The Respondent’s
failure to exercise reasonable diligence with regard to the filing of the
inventory and an accounting in connection with his representation of the estate
of Thomas O’Neal Summerlin, Sr. in the probate proceedings, constituted a
violation of Rule 1.3 of the Rules of Professional Conduct. The Respondent’s failure to provide the
Complainant-administratrix with a full accounting of the settlement proceeds in
connection with his representation of the estate and the settlement of the
wrongful death action constituted a violation of Rule 1.15(b) of the Rules of
Professional Conduct. The Respondent’s
conversion and misappropriation of $253,823.25 of settlement proceeds for his
own use constituted a violation of Rules 1.15(a) and (b), and 8.4(3) and (4),
of the Rules of Professional Conduct. Accordingly,
we order that the Respondent be presented to the Superior Court for the
imposition of whatever discipline the court may deem appropriate.
Attorney
Katherine Webster-O’Keefe
Attorney
Frederick Krug
Ms. Johanna
Kimball