33 PRB

[13-Mar-2002]


                              STATE OF VERMONT
                     PROFESSIONAL RESPONSIBILITY PROGRAM



       In Re:	Thomas Daly, Esq.
       PRB File No. 2001.189


                                 DECISION 33

       Disciplinary Counsel served a Petition of Misconduct dated October 8,
  2001 upon Thomas Daly for violating Rule 1.5 and Rule 1. 15(b) of the
  Vermont Rules of Professional Conduct.

       Respondent filed his Answer under date of October 30, 2001 and raised
  the following defenses:

       Failure to state a claim upon which relief can be granted.

       The Professional Responsibility Board lacks jurisdiction
       over Respondent for conduct alleged to have occurred prior to
       his admission to the Vermont Bar.

       Respondent is not vicariously liable for conduct of others.

       On December 27, 2001, Respondent's counsel, Lisa B. Shelkrot, Esq.,
  filed Motion For Summary Judgment requesting dismissal of the Petition of
  Misconduct against Mr. Daly pursuant to V.R.C.P. 56.

       In support of the Motion For Summary Judgment, there was filed a
  Memorandum of Law and certain exhibits.

       Disciplinary Counsel did not file a response to the Motion For Summary
  Judgment within the time allotted by rule.

       By letter and communication of March 12, 2002 to D. Richards, Esq. 
  Disciplinary Counsel stated the following:

       "Having reviewed Attorney Daly's affidavit and the
       accompanying materials, I will not file a response to the
       Motion for Summary Judgment that Attorney Shelkrot filed on
       his behalf on December 27, 2001.  In addition, for the
       reasons that were stated in the Motion dated December 27, I
       would not object to a decision dismissing the Petition of
       Misconduct that was filed against Attorney Daly."

        
       Based upon the foregoing, the Petition of Misconduct, dated October 8,
  2001, filed against Thomas Daly, Esq. is dismissed.

       Dated this 10th day of May, 2002.

       FILED 5/13/02

       HEARING PANEL NUMBER TWO

  /s/
  ______________________________
  Douglas Richards, Esq., Chair
  /s/
  ______________________________
  Michael H. Filipiak
  /s/
  ______________________________
  Lawrin P. Crispe, Esq.