STATEWIDE GRIEVANCE COMMITTEE

Adrienne Johnson, Complainant vs. Edan F. Calabrese, Respondent

Grievance Complaint #95-0814

PROPOSED DECISION

Pursuant to Practice Book '27J, the undersigned, duly-appointed reviewing committee of the Statewide Grievance Committee, conducted a hearing at the Superior Court, 300 Grand Street, Waterbury, Connecticut on December 5, 1996. The hearing addressed the record of the complaint filed on April 8, 1996 and the probable cause determination filed by the New Haven Judicial District, Geographical Areas 7 & 8 Grievance Panel on June 25, 1996, finding that there existed probable cause that the Respondent violated Rules 1.3, 1.4 and 8.4(c) of the Rules of Professional Conduct.

Notice of the hearing was mailed to the Complainant and to the Respondent on October 30, 1996. At the hearing on December 5, 1996, the Complainant and the Respondent did not appear.

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

In March, 1996, the Complainant and her husband met with the Respondent regarding the filing of a Chapter 13 bankruptcy. The Respondent informed the Complainant and her husband of his $1,000.00 fee. An initial payment of $200.00 was made to the Respondent. The Respondent promised to file the petition. Subsequently, the Respondent failed to respond to the Complainant's telephone calls. The Respondent did not file the bankruptcy petition. Subsequent to the filing of the grievance complaint, the Respondent refunded the retainer fee.

This reviewing committee finds the following violations of the Rules of Professional Conduct by clear and convincing evidence:

The Respondent failed to keep the Complainant reasonably informed about the status of the representation in violation of Rule 1.4 of the Rules of Professional Conduct by failing to return the Complainant's telephone calls. The Respondent failed to exercise reasonable diligence in representing the Complainant in violation of Rule 1.3 of the Rules of Professional Conduct by failing to file the bankruptcy petition. The Respondent's conduct breached ethical standards. We recommend that the Statewide Grievance Committee reprimand the Respondent.

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Attorney Suzanne Powers

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Mr. Carmen Donnarumma