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19-Dec-2019 21:54

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The defendant became friendly with Michael and Terry and socialized together as a threesome.Thereafter, in June, 2010, the defendant started seeing Terry alone, going on walks in the park together, going to movies, for drinks and began ‘dating.’“The defendant had an ‘intimate’ relationship with Terry․ He believed he had an obligation to help her proceed with her divorce, and promote her welfare and make her a happier person.“The Superior Court possesses inherent authority to regulate attorney conduct and to discipline the members of the bar․ The judiciary has the power to admit attorneys to practice and to disbar them ․ to fix the qualifications of those to be admitted ․ and to define what constitutes the practice of law․ In the exercise of its disciplinary power, the Superior Court has adopted the Code of Professional Responsibility [now the Rules of Professional Conduct]․“Disciplinary proceedings are for the purpose of preserving the courts from the official ministration of persons unfit to practice in them․ The proceeding to disbar [or suspend] an attorney is neither a civil action nor a criminal proceeding, but is a proceeding sui generis, the object of which is not the punishment of the offender, but the protection of the court․ Once the complaint is made, the court controls the situation and procedure, in its discretion, as the interests of justice may seem to it to require․ [T]he power of the courts is left unfettered to act as situations, as they may arise, may seem to require, for efficient discipline of misconduct and the purging of the bar from the taint of unfit membership. 472, 478–79, 91 A.3d 932 (2014).“Additionally, because the applicable standard of proof for determining whether an attorney has violated the Rules of Professional Conduct is clear and convincing evidence ․ we must consider whether the [fact finder's] decision was based on clear and convincing evidence.” (Citation omitted.) Briggs v. When questioned by the court, however, he asserted that his conversations with Terry were privileged because he is an attorney.Such statutes as ours are not restrictive of the inherent powers which reside in courts to inquire into the conduct of their own officers, and to discipline them for misconduct․ In [disciplinary] proceedings ․ therefore, the attorney's relations to the tribunal and the character and purpose of the inquiry are such that unless it clearly appears that his rights have in some substantial way been denied him, the action of the court will not be set aside upon review․“[T]he clearly erroneous standard ․ is the preferable standard of review in attorney grievance appeals․ The clearly erroneous standard of review provides that [a] court's determination is clearly erroneous only in cases in which the record contains no evidence to support it, or in cases in which there is evidence, but the reviewing court is left with the definite and firm conviction that a mistake has been made.” (Citations omitted; internal quotation marks omitted.) Chief Dis ciplinary Counsel v. The defendant also testified that he started spending time alone with Terry in June, 2010, and they began dating, going on walks in a park together, going to movies, and going out for drinks.“Michael Aliano (Michael) and his wife Terry Aliano (Terry), Connecticut residents, were having some problems in their marriage.

On one of those visits in particular, Michael returned to the home at approximately p.m.The defendant was there with his girlfriend, Sharon [Wise], and struck up a conversation with the Alianos.The couples exchanged phone numbers and began seeing one another as couples, in a social capacity.He also gave her legal advice about her divorce, “educating her about her rights, about remedies,” despite his knowledge that she had an attorney, whom the defendant held “in high regard” and with whose representation he did not want to interfere.

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The defendant testified that he had an intimate relationship with Terry but that they did not engage in sexual intercourse.

The defendant described Michael's demeanor (not surprisingly) as antagonistic․“Michael filed a motion in the divorce case to disqualify the defendant from representing Terry in the matter.



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