PCB 99

[01-Sep-1995]

                             STATE OF VERMONT
                        PROFESSIONAL CONDUCT BOARD

In re:   PCB File No. 95.01

                             DECISION NO.  99

Respondent and  Bar Counsel submitted a joint statement of facts which we
adopt as our own and incorporate by reference. Respondent, a lawyer admitted
to practice in the late 80's, incurred an overdraft of $12.75 in her lawyer
trust account.  The overdraft was reported to Bar Counsel pursuant to DR
9-104.   Bar Counsel undertook a review and learned that Respondent had
failed to balance her trust account for several years.  Neither Respondent
nor her accountant could determine the reason for the overdraft or the
identity of the person who owns the funds.  DR 9-102(B)(3) requires a lawyer
to "maintain complete records of all funds...of a client coming into the
possession of the lawyer and render appropriate accounts to the client
regarding them."  Respondent's negligent failure to balance her account on a
regular basis resulted in an inability to account for trust funds in
violation of DR 9-102(B)(3).	The amount of money involved is obviously
insubstantial although there is always a potential for injury when accounts
for client funds are so neglected.  Respondent is now properly balancing her
trust account and we find no risk of repeated violations. The chair will
issue a letter privately admonishing Respondent.

Dated at Montpelier, Vermont this   1st     day of September, 1995.

PROFESSIONAL CONDUCT BOARD


	     /s/
	___________________________
	Deborah S. Banse, Chair

	
                        	     /s/
___________________________	___________________________
George Crosby	                Donald Marsh


  				     /s/
___________________________	___________________________
Joseph F. Cahill, Esq.	        Karen Miller, Esq.


     /s/	       		    /s/
___________________________	___________________________
Nancy Corsones, Esq.	        Mark Sperry, Esq.



___________________________	___________________________
Paul S. Ferber, Esq.	        Robert F. O'Neill, Esq.


				     /s/
___________________________	___________________________
Nancy Foster	                Ruth Stokes


				     /s/
___________________________	___________________________
Rosalyn L. Hunneman	        Jane Woodruff, Esq.


     /s/
___________________________	___________________________
Robert P. Keiner, Esq.	        Charles Cummings, Esq.



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