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STATEWIDE GRIEVANCE COMMITTEE.Michael P. Bowler,Statewide Bar Counsel

Complainantvs.

Joseph MonizRespondent

Grievance Complaint #08-0344

DECISION

Pursuant to Practice Book 2-35, the undersigned, dulYcappointed reviewing committeeof the Statewide Grievance Committee, conducted a hearing at the Superior Court, 300 GrandStreet,.Waterbury, Connecticut on December 2,2008. The hearing addressed the recOrd ofthe complaint filed on April 16, 2008, and the probable cause determination filed by theHartford judicial District Grievance Panel for Geographical Area 13 and the town of Hartfordon August 18, 2008, fmding that there existed probable cause that the Respondent violated:ftuIes 1.15 and 8.1(2) of the Rules of Professional Conduct and Practice Book 2-'27 and 2-32(a)(I). .

Notice of the hearing was mailed to the Complainant, to the Respondent and to theOffice o fthe Chief Disciplinary Counsel on October 30, 2008. Pursuant to Practice Book2-35(d),AssistantDisciplinary Counsel SllZaIlIle Sutton pursued the matter before this reviewingcommittee. The Respondent did not appear at the hearing. .

This reviewing committee finds the following facts by clear and convincing evidence:On or about February 20, 2008, a check in the amount of $646 from the Respondent's

IOLTA account at Bank of America was presented for payment against insufficient funds,causing the accolint to be overdrawn by the amount of $372. The Respondent failed torespondto letters dated March 5, 2008 and March 26, 2008 from the Statewide Bar Counsel's Officeinquiring about the overdraft. A grievance complaint was filed on April 16, 2008. TheRespondent did not file an answer to the grievance complaint.This reviewing committee concludes by clear and convmcmg evidence that theRespondent engaged in unethical conduct. The Respondent's failure to reply to the letters fromBar Counsel violated Rule 8.1(2) of the Rules of Professional Conduct. The Respondent'sfailure to answer the grievance complaint violated Practice Book 2-32(a)(I). The unexplainedoverdraft in the Respondent's IOLTA account constituted a failure to adequately safekeep andmaintain clients' fuIids in violation of Rule 1.15 of the RuIes of Professional Conduct andPractice Book 2-27.

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The Disciplinary Counsel is directed to file a presentment against the Respondent inSuperior Court for the imposition of whatever sanction is deemed appropriate.

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DECISION DATE:

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Grievance Complaint #08-0344DecisionPageS.

Dr. Romeo Vidone