123.PCB

[6-Feb-1998]



                              STATE OF VERMONT
                         PROFESSIONAL CONDUCT BOARD


In re:	PCB Docket No. 94.26


                              DECISION NO. 123


       This matter is before us pursuant to A.O. 9, Rule 8D following the
  filing of the hearing panel's report.  In lieu of a hearing, the parties
  stipulated to the facts which the hearing panel, in turn, adopted as its
  own.  The hearing panel found that Respondent violated DR 6-101(A)(3) by
  failing to complete the settlement of Client's case in a timely manner. 
  The panel recommended that respondent be admonished. 

       Hearing before this Board was waived by the parties.  We affirm the
  recommendations of the hearing panel.

                                    FACTS

       Respondent represented Client in a personal injury case involving a
  defective product.  The injury occurred in the summer of 1987 and
  Respondent's representation began shortly thereafter.  	

       Respondent reached a tentative settlement with the manufacturer in
  February of 1990 in the amount of $9,000.  For reasons not relevant here,
  Client did not authorize settlement until March 22, 1993. 

       Respondent neglected to execute the settlement documents promptly. 
  Client made several calls to Respondent and asked her employer, another
  member of the bar, to intercede on her behalf.  That lawyer wrote to
  Respondent on October 14, 1993, inquiring as to why the resolution of the
  case was taking so long and asking for an immediate response.  The lawyer
  also informed Respondent that Client wanted her file, although she did not
  want to discharge Respondent.  Respondent did not answer this letter. 

       Client filed a disciplinary complaint against Respondent on November
  1, 1993.  A copy was sent to Respondent on November 8, 1993.  Respondent
  began the final steps toward distribution of the settlement funds on
  November 18, 1993.  Thereafter, Respondent acted expeditiously, and the
  settlement funds were distributed to Client on February 9, 1994.

                             CONCLUSIONS OF LAW

       DR 6-101(A)(3) of the Code of Professional Responsibility provides
  that "[a] lawyer shall not...[n]eglect a legal matter entrusted to him." 
  In failing to complete the settlement of a the case in a timely manner and
  failing to respond to Client's requests for a copy of the file, Respondent
  violated DR 6-101(A)(3).

                                  SANCTION

       Section 4.44 of the ABA Standards for Imposing Lawyer Sanctions
  provides,  "Admonition is generally appropriate when a lawyer is negligent
  and does not act with reasonable diligence in representing a client, and
  causes little or no actual or potential injury to a client." 

       The injury here was a delay of some six months in obtaining funds to
  which the client was entitled.  The delay caused Client anxiety as
  evidenced by soliciting the assistance of her employer to intercede on her
  behalf.  Obviously, clients should not have to go to such lengths to obtain
  cooperation from their lawyers. Respondent here violated his duty of due
  diligence to Client.  He did so negligently, not knowingly or wilfully.  

       In mitigation, we find that Respondent has no prior disciplinary
  history, had no dishonest or selfish motive,  and made timely and good
  faith efforts to rectify the consequences of his misconduct.  The only
  aggravating factor is that Respondent has been a member of the bar for over
  twenty years and thus has substantial experience. 

       Under such circumstances, we find that an admonition is the
  appropriate sanction.

       Dated at Montpelier, Vermont this 6th  day of February, 1998.

	PROFESSIONAL CONDUCT BOARD


	     /s/
	____________________________ 
	Robert P. Keiner, Esq. Chair


    /s/	                                /s/
___________________________	____________________________
John Barbour 	                Joseph F. Cahill, Jr., Esq.	


	                                /s/
___________________________	____________________________
Charles Cummings, Esq.	        Paul S. Ferber, Esq.	



___________________________	____________________________
Michael Filipiak	        Nancy Foster



___________________________	____________________________
Rosalyn L. Hunneman	        Robert F. O'Neill





     /s/	                       /s/
___________________________	____________________________
Jessica Porter, Esq.	        Alan S. Rome, Esq.


     /s/	                    /s/
___________________________	____________________________
Mark L. Sperry, Esq.	         Ruth Stokes



___________________________	
Jane Woodruff, Esq.






/usr3/dal/9426.opfinal 
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