Waterbury J.D. Grievance Panel v. Recio
Rule 8.4(3) of the Rules of Profession Conduct provides, "It is professional misconduct for a lawyer to . . . Engage in conduct involving dishonesty, fraud, deceit or misrepresentation." Allegedly, the respondent, Robert Recio, who had been suspended, implied at a grievance hearing that his partner had passed away. Recio allegedly said, "[A]fter my settlement had been received, to myself and my partner, William B. Secor, who is no longer with us, we proceeded to buy." Disciplinary counsel discovered that Secor, who had medical issues and ceased communicating with the respondent, was alive. Disciplinary counsel indicated that the respondent's alleged misrepresentation was not material to the underlying matter. The Statewide Grievance Committee found that Recio did not violate Rules 8.1(1) or (2) of the Rules of Professional Conduct, because the alleged misrepresentation was not material. The alleged misrepresentation also was not prejudicial to the administration of justice, in violation of Rule 8.4(4). The Statewide Grievance Committee found, by clear and convincing evidence, that the respondent misrepresented that his former partner, Secor, had passed away, in violation of Rule 8.4(1) and (3). Also, he failed to file an answer to the grievance complaint, in violation of Rule 8.1(2). The respondent has not registered with the Statewide Grievance Committee and has not provided a current address, in violation of Rule 8.4(1) and (4). The respondent also failed to comply with a previous order of the committee that he register. The Statewide Grievance Committee reprimanded the respondent attorney.