STATEWIDE GRIEVANCE COMMITTEE

Anna Voigt, Complainant vs. Philip R. Mancini, III, Respondent

Grievance Complaint #95-0194

PROPOSED DECISION

Pursuant to Practice Book '27J, the undersigned, duly- appointed reviewing committee of the Statewide Grievance Committee, conducted hearings at the Superior Court, 1061 Main Street, Bridgeport, Connecticut, on March 13, 1996, and on June 12, 1996. The hearings addressed the record of the complaint filed on September 5, 1995, and the probable cause determination filed by the New Haven Judicial District, Geographical Area 6 Grievance Panel on December 4, 1995, finding that the Respondent had violated Rules 1.1, 1.3, and 1.4 of the Rules of Professional Conduct by failing to return the Complainant's files to her. The hearings also addressed an additional finding of probable cause rendered by this reviewing committee on May 9, 1996, that the Respondent violated Rules 1.3 and 1.4 of the Rules of Professional Conduct in his handling of a personal injury matter involving the Complainant's mother.

Notice of the March 13, 1996 hearing was mailed to the Complainant and to the Respondent on February 14, 1996. Notice of the June 12, 1996 hearing was mailed to the Complainant and Respondent on April 29, 1996. The Complainant appeared and testified at both hearings. The Respondent only appeared at the March 13, 1996 hearing. An exhibit was admitted into evidence.

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

The Respondent represented the Complainant in a number of matters, including a dispute with a contractor, and a probate matter regarding a conservatorship established for the Complainant's mother. The Respondent also represented the Complainant's mother in a personal injury action entitled Rist v. Franklin Financial Corporation, et al, bearing docket number CV-90-0295404 in the Superior Court for the Judicial District of New Haven. A motion was filed in said action substituting the Complainant as plaintiff in her capacity as conservator for her mother. The Complainant testified that she was advised by the Respondent that she had been appointed as conservator for her mother.

In July or August of 1995, the Complainant requested that the Respondent forward to her the various files he had been handling for her. The files in question were not returned to the Complainant until the hearing held before this reviewing committee on March 13, 1996. We do not find credible the Respondent's claims of prior attempts to provide the Complainant with her files, in light of his failure to provide any documentation regarding the same.

The personal injury matter involving the Complainant's mother was dismissed by the court. The Respondent failed to apprise the Complainant of the fact that the suit had been dismissed. The Respondent failed to keep the Complainant or her mother reasonably informed about the status of the personal injury matter.

This reviewing committee finds by clear and convincing evidence that the Respondent violated Rules 1.3 and 1.4 of the Rules of Professional Conduct. The Respondent failed to exercise reasonable diligence in returning the Complainant's files to her. The personal injury matter involving the Complainant's mother was dismissed, and the Respondent failed to inform the Complainant or her mother. The Respondent failed to keep the Complainant or her mother adequately informed about the status of the matter. Accordingly, it is the recommendation of this reviewing committee that the Statewide Grievance Committee should reprimand the Respondent.

Attorney Lewis A. Hurwitz

Attorney Alfred R. Belinkie

Mr. Neal Jewell