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Attorney Grievance Commission of Maryland3/8/2001
gal fraternity be strongly and constantly impressed with the truism that in handling moneys and properties belonging to their clients or others that they accept them in trust and are strictly accountable for their conduct in administering that trust, so they dare not appropriate those funds and properties for their personal use. The misappropriation by an attorney of funds of others entrusted to his care, be the amount small or large, is of great concern and represents the gravest form of professional misconduct.
Judge Friedman concluded that Respondent willfully misappropriated client funds, noting that Respondent's client trust account fell below its trust obligation in January 1998 as the result of Respondent's withdrawal of funds payable to "cash" while issued checks were outstanding. Addressing Respondent's explanation for falling below his trust obligation --- that he was told by a bank teller that there was money in the account, and Respondent believed he was entitled to withdraw fees --- Judge Friedman noted that Respondent produced no records on which he relied to determine that he was entitled to any fees at that time. Nor did the account show a deposit that would entitle Respondent to fees prior to his withdrawal of those fees. Moreover, Judge Friedman found that Respondent was unable to identify any client matter that would have entitled him to withdraw the funds he withdrew in January 1998. Judge Friedman further highlighted one transaction, i.e., the Jones' account, where Respondent intentionally used the funds belonging to one client to pay the obligations of another client. These findings are not clearly erroneous.
We consider Respondent's failure to attempt to rectify his handling of the trust account as an aggravating factor. Judge Friedman found that Respondent was on notice of problems with the trust account as early as September of 1997, but made no attempt to correct his handling of trust money, continued to withdraw amounts from the account improperly, and continued to claim he had no records documenting the transactions. Respondent continued to operate his trust account in the same manner after receiving from Bar Counsel in March of 1998 a hypothetical model of the proper maintenance of a trust account. After receiving the model, Respondent had over eight months before the Inquiry Panel hearing commenced in which to institute the proper procedures for his trust account, but he failed to do so. Even absent such specific assistance, every attorney is deemed to know the Rules of Professional Conduct and is charged with the knowledge of how to operate and maintain a trust account. See Rule 16-601 et seq. See also Attorney Grievance Comm. v. Awuah, 346 Md. 420, 435, 697 A.2d 446, 454 (1997). We have made clear that neither ignorance of ethical duties nor ignorance of bookkeeping requirements is a defense in disciplinary proceedings, although a finding with respect to intent with which a violation was committed may have a bearing on the appropriate sanction. See id. In the instant case, Respondent acted intentionally, and not merely negligently. Respondent knew that he was invading client funds.
Respondent's conduct is further aggravated by his failure to cooperate with Bar Counsel and his failure to produce records from the trust account to aid Bar Counsel's investigation. The failure to cooperate with Bar Counsel is a serious violation. See Attorney Griev. Comm'n v. Fezell, 361 Md. 234, 255-56, 760 A.2d 1108, 1199 (2000).
Judge Friedman found that Respondent failed to respond to lawful demands of Bar Counsel on at least seven separate occasions. Further, Judge Friedman found that Respondent did not produce the canceled checks, calendars used to record
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