6 Connecticut Attorneys Disciplined for Trust Account Mismanagement, Ethics Violations
The Office of Chief Disciplinary Counsel found against six Connecticut attorneys.
June 20, 2019 at 05:57 PM
4 minute read
Connecticut's Statewide Grievance Committee reported disciplinary action Wednesday against six attorneys facing reprimands, presentments and discipline with conditions. It was the committee's second report this month on attorneys disciplined in May.
Here is a look at the attorneys, listed alphabetically, whose ethics charges led to disciplinary action.
Joseph Barbarie:
The Office of Chief Disciplinary Counsel set conditions for Putnam-based solo practitioner Joseph Barbarie with regard to an overdraft in his Interest on Lawyers Trust Accounts, or IOLTA. Barbarie, the reviewing committee of the SGC said, did not place the necessary funds in the account to cover the overdraft.
The reviewing committee also found Barbarie did not complete his annual registration for the bar in 2017 and 2018, in violation of the Connecticut Practice Book. In addition, the committee found, the attorney paid a personal debt from his IOLTA fund. The Rules of Professional Conduct prohibit the use of a client's funds for personal use.
Barbarie must complete a minimum continuing legal education course and submit to an audit of accounts in two banks.
Jeffrey Cedarfield:
The OCDC made a presentment and reprimanded West Hartford solo practitioner Jeffrey Cedarfield in two separate cases.
As it relates to the presentment, the reviewing committee found evidence Cedarfield accepted $850 from Yvonne Francis to represent her in connection with a small claims matter. But the only action Cedarfield took, the committee said, was to file an appearance one month after judgment had entered against Francis.
The presentment is pending a final decision from the OCDC.
Paul Cramer:
The OCDC made a presentment against Fairfield-based solo practitioner Paul Cramer related to a grievance complaint Juaquina Smith-Shaw filed over a personal injury claim she'd hired Cramer to handle, involving an alleged defective sidewalk at an apartment complex.
The SGC said Cramer failed to check the property records to confirm the defendants had owned and controlled the property at the time of the injury. The defendants, the committee said, filed a motion for summary judgment providing evidence to the court that they had not owned or controlled the property at the time.
Cramer, the committee said, did not file an opposition to the motion for summary judgment or take any other steps to try and correct the infirmity in the lawsuit and the case was dismissed.
Smith-Shaw then hired another attorney to sue Cramer for legal malpractice. The committee wrote Cramer offered no explanation for not checking the land and corporate records to determine whether his filings had identified the right defendants.
The presentment is pending a final decision from the OCDC.
Keisha Gatison:
The OCDC made a presentment against New Haven-based solo practitioner Keisha Gatison with regard to allegations she misrepresented herself on several occasions to client Paul Izzo.
The reviewing committee of the SGC said Gatison did not pursue several claims in court on behalf of her client and that the matters were eventually dismissed due to expiration of the statute-of-limitation period.
The presentment is pending a final decision from the OCDC.
Alan Giacomi:
The OCDC made a presentment against Waterbury attorney Alan Giacomi with regard to allegations he kept real estate proceeds in his IOLTA fund despite a demand from his client, Roger Bolduc, to return them.
The reviewing committee of the SGC found probable cause Giacomi violated the safekeeping property rules within the Rules of Professional Conduct.
The presentment is pending a final decision from the OCDC.
Giacomi was also sentenced in an unrelated case to 41 months in prison for bilking clients.
Thomas Lengyel:
The OCDC issued a reprimand against Milford-based solo practitioner Thomas Lengyel in that he failed to represent a client adequately in a civil matter.
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