Disciplinary Counsel v. Parnoff

152 A.3d 1222, 324 Conn. 505, 2016 Conn. LEXIS 412
CourtSupreme Court of Connecticut
DecidedDecember 30, 2016
DocketSC 19535
StatusPublished
Cited by6 cases

This text of 152 A.3d 1222 (Disciplinary Counsel v. Parnoff) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Disciplinary Counsel v. Parnoff, 152 A.3d 1222, 324 Conn. 505, 2016 Conn. LEXIS 412 (Colo. 2016).

Opinion

ESPINOSA, J.

**507In this appeal, we are asked to decide whether an attorney who knowingly appropriated client funds, but did not intend to do so wrongly, "knowingly misappropriated" those funds and is therefore subject to mandatory disbarment pursuant to Practice Book § 2-47A.1 The plaintiff, Disciplinary Counsel, appeals from the judgment of the Appellate Court, which affirmed the judgment of the trial court reprimanding **508the defendant, Laurence Parnoff, rather than disbarring him pursuant to § 2-47A. Disciplinary Counsel v. Parnoff , 158 Conn.App. 454, 482, 119 A.3d 621 (2015). The plaintiff contends that the trial court improperly interpreted § 2-47A to mandate disbarment only if an attorney appropriates client funds knowingly and with the wrongful intent to steal them. Regardless of the defendant's intent, the plaintiff claims, the defendant's knowledge that the funds he appropriated were disputed is sufficient to disbar him. We conclude that § 2-47A mandates disbarment only when an attorney misappropriates a client's funds both knowingly and intentionally-that is, when an attorney steals from his or her client. Accordingly, we affirm the judgment of the Appellate Court.

This disciplinary action originates from a twelve year old fee dispute that resulted in several actions and various appeals. The facts and procedural history underlying these actions are set forth in substantial detail in Disciplinary Counsel v. Parnoff , supra, 158 Conn.App. at 454, 119 A.3d 621, Disciplinary Counsel v. Parnoff , Superior Court, judicial district of Fairfield, Docket No. CV-12-6031943S, 2013 WL 5614736 (September 19, 2013), Parnoff v. Yuille , 139 Conn.App. 147, 57 A.3d 349 (2012), cert. denied, 307 Conn. 956, 59 A.3d 1192 (2013), and Parnoff v. Mooney , 132 Conn.App. 512, 35 A.3d 283 (2011). We summarize *1225those facts and the relevant procedural history reflected in the record that are necessary to an understanding of the present case.

Darcy Yuille had been employed by Bridgeport Hospital (hospital) until a work-related injury led to her termination. Disciplinary Counsel v. Parnoff , supra, 158 Conn.App. at 457, 119 A.3d 621. In 1996, Yuille retained Attorney Laura Mooney to represent her before the Workers' Compensation Commission on a claim for benefits in connection with her injuries. Parnoff v. Mooney , supra, 132 Conn.App. at 514, 35 A.3d 283. During Mooney's representation of Yuille, **509Mooney observed bad faith conduct by the hospital in its handling of the workers' compensation claim. Id. Mooney attempted to refer Yuille's action against the hospital, which claimed that the hospital had handled Yuille's workers' compensation claim in bad faith, to the defendant. Id., at 514, 35 A.3d 283 n.2. After the defendant "failed to provide a timely response," Mooney decided to undertake the action herself, in addition to undertaking Yuille's workers' compensation claim. Id. The defendant eventually contacted Mooney and Mooney referred Yuille to the defendant for a separate claim against the hospital alleging wrongful discharge. Id.

In 1998, after Mooney brought the bad faith action, Yuille also retained the defendant to represent her in a bad faith and wrongful discharge action against the hospital. Id., at 515, 35 A.3d 283. Mooney was initially unaware of the defendant's representation of Yuille in the bad faith and wrongful discharge action because Mooney believed that he was merely retained to pursue the wrongful discharge claim. Id., at 514-15, 35 A.3d 283. In retaining the defendant, Yuille entered into an agreement that provided the defendant with a contingency fee of 40 percent of gross receipts from the claim. Disciplinary Counsel v. Parnoff , supra, 158 Conn.App. at 457, 119 A.3d 621. On Yuille's behalf, the defendant commenced the action against the hospital in November, 1998. Parnoff v. Mooney , supra, 132 Conn.App. at 515, 35 A.3d 283.

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Bluebook (online)
152 A.3d 1222, 324 Conn. 505, 2016 Conn. LEXIS 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-parnoff-conn-2016.