PCB 51

[16-Apr-1993]

                                STATE OF VERMONT
                                     
                        PROFESSIONAL CONDUCT BOARD
                                     
                                     
                                     
In re: PCB File 92.35


                         NOTICE OF DECISION
                             NO. 51
     This matter was submitted to the Board by stipulations of respondent and
bar counsel. upon consideration of these stipulations, the Board voted to
impose a private admonition upon respondent for violating DR 5-105(A). Below
are the Board's findings of fact, conclusions of law, and reasons for imposing
discipline.
                              Facts
     1. In July of 1990, Respondent undertook representation of a client
regarding a number of issues including a dispute with a contractor. The client
was dissatisfied with the contractor's shoddy work and refused to pay the full
amount of the contractor's bill.
     2. In January of 1991, Respondent negotiated a settlement of this problem
with contractor's counsel. The parties agreed that respondent's client would
pay the contractor approximately $25,000 of the original bill for $30,000.
     3. About two weeks later, respondent entered into an agreement with
counsel for the contractor and with counsel for a bank to act as trustee
charged with collecting accounts receivable that had been pledged by the
contractor to the bank. When respondent agreed to serve as trustee, it was his
belief that his client's dispute with the contractor had been settled. He
received no list identifying specific accounts pledged by the contractor to the
bank.
     4. At about this same time, respondent became seriously ill.
     5. In February of 1991, the client informed respondent that it was no
longer happy with the settlement to which it had previously agreed. Respondent
informed the client that he could no longer represent it in regard to its
dispute with the contractor because he was serving as trustee. The client
obtained other counsel.
     6. In June of 1991, counsel for the contractor brought suit against
respondent's former client to collect the disputed bill. Although respondent
had no personal involvement with the suit, the suit was brought in his name as
trustee .
     7. Respondent learned of this Suit in September of 1991. Respondent
advised counsel for the contractor that use of respondent's name in the law
suit might suggest an appearance of impropriety, a concern discounted by
counsel for the contractor.
                         Conclusions of Law
     The Board finds that respondent's conduct here violated DR 5-105(A) (A
lawyer shall decline proffered employment if the exercise of his independent
professional judgment in behalf of a client will be or is likely to be
adversely affected by the acceptance of the proffered employment, or if it
would be likely to involve him in representing differing interests, except to
the extent permitted under DR 5-105(C).  None of the exceptions in Subsection 
C are applicable here.
                             Sanction
     The Board has imposed a private admonition, consistent with Standard 4.3
of the ABA Standards for Imposing Lawyer Sanctions.(FN1)

     Mitigating factors present include no prior disciplinary offenses,
personal problems at the time the violation occurred, and full and free
disclosure to the disciplinary board. Aggravating factors include substantial
experience in the practice of law.
     Dated at Montpelier this  16 day of April 1993.

                                  PROFESSIONAL CONDUCT BOARD
                                   /s/
                                  ________________________________
                                  J. Eric Anderson, Chairman


     /s/
____________________________       _______________________________
Deborah S. Banse, Esq.             Rosalyn L. Hunneman

     /s/                           /s/
_____________________________      _______________________________
Anne K. Batten                     Robert P. Keiner, Esq.        

     /s/                           /s/
_____________________________      _______________________________
Joseph F. Cahill, Jr., Esq.        Donald Marsh

                                   
_____________________________      ________________________________
Nancy Corsones, Esq.               Karen Miller, Esq.

                                   /s/
_____________________________      _________________________________
Christopher L. Davis, Esq.         Ruth Stokes


                                   /s/
______________________________     __________________________________
Paul S. Ferber, Esq.               Jane Woodruff, Esq.

     /s/                           /s/
______________________________     _________________________________
Nancy Foster                       Edward Zuccaro, Esq.


FN1.    That standard provides, in pertinent part, "Admonition is generally
appropriate when a lawyer engages in an isolated instance of negligence in
determining whether the representation of a client ... will adversely affect
another client, and causes little or no actual injury to a client."