Self-Report Draws Admonition; Funds Held Since 1982

The Vermont Professional Conduct Board had admonished an attorney who had self-reported misconduct that took place in 1982.

The issue arose in a real estate transaction in which the (unnamed) attorney represented the seller. The attorney left funds in the trust account and was aware of the situation from his receipt of monthly bank statements. Unfortunstely, he “took no action to resolve the issue.”

The attorney left private practice in 1989 and returned in 1993 with a succession of law firms. He had shredded all his old files in 2013. 

Later in 2013, the attorney learned that the State was holding funds from the trust account. He promptly filed paperwork and secured the funds – a bit less than $700.

Eventually, his client received the funds that had been due for 31 years. Perhaps a new record for the longest time that funds havebeen held prior to disbursement.

The board looked to the ABA standards in imposing sanction. (Mike Frisch)