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`DOCKET NO. HHD—CV—17-6084248S
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`OFFICE OF CHIEF DISCIPLINARY COUNSEL
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`VS.
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`ROBERT O. WYNNE
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`O R D E R
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`:
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`:
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`SUPERIOR COURT
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`J .D. OF HARTFORD
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`: AT HARTFORD
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`The foregoing matter having been heard,
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`the Court hereby finds that
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`the
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`Respondent, Robert O. Wynne, Juris No. 404770, has engaged in misconduct in that:
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`As to the THIRD COUNT of the Second Amended Presentment dated May 24,
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`2018, he violated Rules 1.1; 1.3; 1.4(a); 1.5(a); 8.1(2) and 84(3) of the Rules of
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`Professional Conduct and Practice Book §2-32(a)(1), as follows:
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`a.
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`b.
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`0.
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`d.
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`e.
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`The Respondent failed to pay the medical lien for more than eight
`months after the date of the settlement constituting
`a lack of
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`competence and diligence;
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`The Respondent failed to respond to numerous communication
`attempts from the complainant and his new counsel;
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`The Respondent collected his full contingent fee but did not timely
`comply with his
`responsibility to pay off the medical
`lien,
`rendering his fee unreasonable;
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`The Respondent made repeated misrepresentations that the check
`had been mailed or would be mailed when in fact he did not do so
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`until months later; and
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`The Respondent
`complaint.
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`failed to file an answer
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`to the grievance
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`
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`As to the FOURTH COUNT of the Second Amended Presentment dated May 24,
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`2018, he violated Rules l.15(b) and 8.1(2) of the Rules of Professional Conduct and
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`Practice Book § 2-32(a)(1); § 2-27(a) and § 2-27(c), as follows:
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`failed to reply to the overdraft notices of the
`a. The Respondent
`Statewide Grievance Committee;
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`b. The Respondent did not answer the grievance complaint;
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`0. The Respondent failed to provide his client a written fee agreement;
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`d. The Respondent permitted overdrafts to occur in his IOLTA account
`which constitutes an unauthorized use of client account funds;
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`e. The Respondent
`records; and
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`failed to provide the required IOLTA account
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`f. The Respondent failed to safeguard his clients funds account by
`allowing three overdrafts to occur.
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`As to the FIFTH COUNT of the Second Amended Presentment dated May 24,
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`2018, he violated Rules 1.15(b); 1.15(e), 8.4(3), 8.4(4) and 8.1(2) of the Rules of
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`Professional Conduct and Practice Book § 2—32(a)(1), as follows:
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`
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`a. The Respondent failed to return the $5,000.00 being held in escrow to
`the Complainant though he promised to do so;
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`b. The Respondent failed to safeguard funds he was holding for a client
`and promptly deliver those funds to the client;
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`c. The Respondent failed to answer the grievance complaint;
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`d. The Respondent failed to respond to the October 5, 2017 letter from
`the Office of Chief Disciplinary Counsel;
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`e. The Respondent committed dishonesty and/or fraud by not returning
`the $5,000.00; and
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`
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`f. The Respondent’s conduct was prejudicial to the administration of
`justice by not returning the $5,000.00.
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`As to the SIXTH COUNT of the Second Amended Presentment dated May 24,
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`2018, he violated Rule 8.1(2) of the Rules of Professional Conduct and Practice Book §§
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`2-27 and 2-32(a)(1), as follows:
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`a. The Respondent failed to answer the grievance complaint;
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`b. The Respondent failed to answer the letter from the Office of Chief
`Disciplinary Counsel;
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`c. The Respondent allowed a registered IOLTA account to overdraft; and
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`d. The Respondent failed to cooperate and provide documentation with
`the overdraft
`investigation and audit with the Statewide Grievance
`Committee.
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`Accordingly, it is hereby ORDERED that:
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`As to the THIRD COUNT:
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`1. The Respondent, Robert O. Wynne, Juris No. 404770,
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`is hereby suspended
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`from the practice of law for a period of thirty (30) days, commencing on January 21,
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`2019.
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`2. Attorney J. Mark Silhavy, Juris No. 101568, of 208 Brandy Hill Road, Vernon,
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`Connecticut 06066, is hereby appointed as Trustee to take such steps as are necessary to
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`protect the interests of Respondent’s clients, to inventory Respondent’s files, and to take
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`control of the Respondent’s clients’ funds accounts. The Respondent shall cooperate
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`with the Trustee in this regard.
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`3. The Respondent shall not deposit to, or disburse any funds from, his clients’
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`funds accounts.
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`4. The Respondent shall comply with Practice Book §2~47B (Restrictions on the
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`Activities of Deactivated Attorneys).
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`As to the FOURTH COUNT:
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`The Respondent shall immediately submit to, and fully cooperate with, an audit of
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`his TD Bank IOLTA account ending in #1682 by the Statewide Grievance Committee for
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`the period January 1, 2017 through October 31, 2018, and shall further submit to, and
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`fully cooperate with, monthly audits of said account by the Statewide Grievance
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`Committee for the period beginning November 1, 2018 through and including October
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`31, 2019. Any additional audit period may be determined at the discretion of the
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`Statewide Grievance Committee.
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`As to the FIFTH COUNT:
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`l. The Respondent, Robert O. Wynne, Juris No. 404770,
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`is hereby suspended
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`from the practice of law for a period of thirty (30) days, commencing immediately upon
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`the conclusion of the suspension imposed as to the THIRD COUNT herein.
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`2. Attorney J. Mark Silhavy, Juris No. 101568, of 208 Brandy Hill Road, Vernon,
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`Connecticut 06066, is hereby appointed as Trustee to take such steps as are necessary to
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`protect the interests of Respondent’s clients, to inventory Respondent’s files, and to take
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`control of the Respondent’s clients’ funds accounts. The Respondent shall cooperate
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`with the Trustee in this regard.
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`
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`3. The Respondent shall not deposit to, or disburse any funds from, his clients’
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`funds accounts.
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`4. The Respondent shall comply with Practice Book §2—47B (Restrictions on the
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`Activities of Deactivated Attorneys).
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`As to the SIXTH COUNT:
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`The Respondent shall immediately submit to, and fully cooperate with, an audit of
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`his TD Bank IOLTA account ending in #0112 by the Statewide Grievance Committee for
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`the period November 1, 2017 through October 31, 2018, and shall further submit to, and
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`fully cooperate with, monthly audits of said account by the Statewide Grievance
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`Committee for the period beginning November 1, 2018 through and including October
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`31, 2019. Any additional audit period may be determined at the discretion of the
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`Statewide Grievance Committee.
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`THE COURT
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`7X)!
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`DAT
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`BYQMR
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`6‘42)”ch ) 6”
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