PCB 39 [28-Aug-1992] Decision No. 39 ENTRY ORDER SUPREME COURT DOCKET NO. 92-439 SEPTEMBER TERM 1992 In re Jane Adams, Esq. } Original Jurisdiction } } FROM } Professional Conduct Board } } Docket No. 89.66 In the above entitled cause the Clerk will enter: The recommendation of the Professional Conduct Board filed September 1, 1992, is accepted, and respondent Jane Adams, Esq. is transferred to disability inactive status. BY THE COURT: /s/ __________________________________ Frederic W. Allen, Chief Justice /s/ __________________________________ Ernest W. Gibson III, Associate Justice /s/ ___________________________________ John A. Dooley, Associate Justice /s/ ___________________________________ James L. Morse, Associate Justice /s/ ___________________________________ Denise R. Johnson, Associate Justice ------------------------------------------------------------------------------ PROFESSIONAL CONDUCT BOARD P.O. Box 2003 Manchester Center, VT 05255-2003 September 1, 1992 The Honorable Frederic W. Allen Chief Justice, Supreme Court of Vermont lll State Street Montpelier, VT 05602 Re: PCB File No. 89.66 Jane Adams, Esq. Dear Chief Justice Allen: Please be advised that at the Professional Conduct Board meeting of Friday, August 28, l992, the Board voted to accept the attached stipulation and to recommend to the Supreme Court that Ms. Adams be transferred to inactive status. Very truly yours, /s/ J. Eric Anderson Chairman JEA:WSC/plf Enclosure cc: Thomas Lehner Larry Abbott, Esq. Wendy S. Collins, Esq. Jane Adams, Esq. ------------------------------------------------------------------------------ STATE OF VERMONT PROFESSIONAL CONDUCT BOARD Re: Jane Adams, Respondent PCB File 89.66 REQUEST FOR TRANSFER TO DISABILITY INACTIVE STATUS Now come Jane Adams, Esq., Respondent, appearing pro se, and Wendy S. Collins, Esq., Bar Counsel, and join in this request that Jane Adams be transferred to disability inactive status. In support of this request, the parties rely upon the following: 1. A formal petition alleging misconduct was served upon respondent in March of 1992. The petition alleged violations of DR 1-102(A)(4) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation); DR 1-102(A)(5) (a lawyer shall not engage in conduct prejudicial to the administration of justice); DR 1-102(A)(7) (a lawyer shall not engage in conduct which adversely reflects upon that lawyer's fitness to practice law); and DR 7-102(A)(7) (a lawyer shall not counsel or assist her client in conduct that the lawyer knows to be illegal or fraudulent). 2. Respondent filed an answer denying each of these allegations. 3. Respondent is suffering from a physical disability which renders her unable to defend or assist in her defense against these allegations. 4. Respondent's physician does not expect Respondent's condition to improve. 5. Respondent is in the process of withdrawing as counsel in all of her active files. She has referred her clients to other lawyers. Most clients have picked up their files or have authorized Respondent to transfer the files to other counsel. 6. Respondent and Bar Counsel agree that Respondent should be transferred to disability status. Respondent waives all proceedings pursuant to Administrative Order 9, Rule 18. Respondent and Bar Counsel move the Professional Conduct Board to recommend to the Vermont Supreme Court that it enter an order pursuant to Rule 18(B) transferring Respondent to disability inactive status until further order of the Court. Respectfully submitted, /s/ ____________________________ Wendy S. Collins Bar Counsel Dated: July 2, 1992 at Montpelier, Vermont. /s/ ______________________________ Jane A. Adams, Esq. Respondent Dated: July 8, 1992 at Bennington, Vermont. cc: J. Eric Anderson, Esq. Chair, Professional Conduct Board Nancy Corsones, Esq. Chair, Hearing Panel