Opinion
No. CV 00-0802379
June 5, 2001 CT Page 7847
MEMORANDUM OF DECISION
The Statewide Grievance Committee (the Committee) brought the instant presentment against the respondent, William Ankerman, pursuant to Practice Book § 2-47, charging him with misconduct outside of the presence of the court. The Committee alleges that Ankerman violated Rule 1.15(b) of the Rules of Professional Conduct by failing to safeguard and promptly deliver to the guardians of Elizabeth Forbes funds that Ankerman held in trust on behalf of Elizabeth Forbes. Additionally, the Committee alleges that Ankerman violated Rule 8.4(2) and (3) of the Rules of Professional Conduct by misappropriating a significant amount of funds he was holding in trust on behalf of Elizabeth Forbes.
Rule 1.15(b) of the Rules of Professional Conduct states: "Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property."
Rule 8.4 of the Rules of Professional Conduct states in relevant part that "[i]t is professional misconduct for a lawyer to:
"(2) Commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness;
"(3) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation . . ."
After trial held on January 10, 2001, and oral argument on February 5, 2001, the court finds that the petitioner has proven a violation of all three provisions by clear and convincing evidence.
A hearing will be held as to an appropriate disposition on July 24, 2001, at 2:00 p.m. The parties are hereby ordered to be prepared to address the aggravating and mitigating factors set forth in Sections 9.22 and 9.32. respectively, of the American Bar Association's Standards for Imposing Lawyer's Sanctions. A memorandum will follow that hearing.
Peck, J.