Unpardonable Offense
The Maryland Court of Appeals has disbarred an attorney for misappropriation and other misconduct.
The court offered a reminder of the sanctity of entrusted funds
The gravamen of Respondent’s misconduct is the misappropriation of funds he collected on his clients’ behalf. As discussed above, we have concluded that, because Respondent had insufficient funds to pay C. Jones and Mr. Potochney the money owed to them, and he failed to promptly pay Ms. Dress’s medical bill, Respondent misappropriated both client and third-party funds. Respondent, as the only name on both his operating and trust account, was solely responsible for the funds and had knowledge of all account activity.
We are consistent in holding that the “misappropriation of funds by an attorney is an act infected with deceit and dishonesty and ordinarily will result in disbarment in the absence of compelling extenuating circumstances justifying a lesser sanction.” (citation omitted)…
here Respondent’s misconduct in misappropriating funds is exacerbated by multiple other violations, including his failure to provide competent representation to his clients, his failure to prosecute diligently his clients’ claims, and his failure to communicate adequately with his clients on their respective matters. These combined violations create an even stronger case for disbarment.
(Mike Frisch)