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Attorney Grievance Commission of Maryland v. Post12/23/2003
The Attorney Grievance Commission of Maryland, the petitioner, by Bar Counsel, acting at the direction of the Review Board, see Maryland Rule 16-709, filed a Petition For Disciplinary Action against Alan Franklyn Post, the respondent, in which it was charged that the respondent violated Rules 1.15, and 8.4, Misconduct of the Maryland Rules of Professional Conduct, as adopted by Maryland Rule 16-812. Bar Counsel also alleged that the respondent violated Maryland Rule 16-609 and Maryland Code (1989, 1995 Replacement Volume) ยง 10-306 of the Business and Occupation Article. The alleged violations arose out of settlements of two personal injury cases, in which monies were retained by the respondent to pay medical bills owed by his clients to the complainant, Herbert Joseph, M.D. Rather than remit the monies to the doctor, to whom they were due, it was alleged that the respondent used them for his own purposes, paying the doctor only after the complaint in his case was filed with the petitioner.
We referred the case to the Honorable Ann S. Harrington, of the Circuit Court for Montgomery County, for hearing. See 16-711.a. Following a hearing, she set forth the facts, which are not in dispute, the parties having stipulated to them, as follows:
"1. Herbert H. Joseph. M.D. rendered medical treatment to three of Respondent's clients: Ali A. Soleimanpour, Mehdi Zekri and Mohammed Zekri. Each of these clients signed assignments, authorizing Dr. Joseph to be paid from the proceeds of any recovery in their cases.
"2. In October 1996, Respondent settled the personal injury cases of Mehdi and Mohammed Zekri. The settlement proceeds were paid into Respondent's client trust account, after which disbursement was made to Respondent's clients. Dr. Joseph, who had examined the Zekris, was owed, but not paid, the sum of $2,847.00, which amount was retained in trust by Respondent from the settlement proceeds.
"3. On November 5,1996, after the settlement of an unrelated case, Respondentdrew two checks on his escrow account, payable to his firm, in the total amount of $13,912.78. On November 8, 1996, the balance in Respondent's client trust account was $1,663.02. The balance in the trust account as of December 31, 1996 was $463.26.
"4. In June 1999, Respondent partially settled the personal injury case of Mr. Soleimanpour, and placed the settlement proceeds in Respondent's client trust account. Mr. Soleimanpour, Respondent's client, was paid all monies owed to him as a result of the settlement. Dr. Joseph charged $2,939.00 for his services, which amount was retained by Respondent in trust. His fee was not paid by Respondent and, according to Respondent, was subject to negotiation. However, there had not been prior discussions between Respondent and Dr. Joseph.
"5. On December 20, 2000, Respondent fully paid Dr. Joseph for the services Dr. Joseph rendered to the Zekris and to Mr. Soleimanpour. Payment occurred after Dr. Joseph submitted a complaint to the Attorney Grievance Commission of Maryland. Respondent paid Dr. Joseph from funds received as a fee in an unrelated matter.
"6. Respondent is and has been seriously ill for some time, including all times relevant to the pending Complaint. Initially, in 1996, Respondent's physicians thought his condition was simply a case of irritable bowel syndrome and reflux esophagitis.
"7. When Respondent's condition did not improve, Respondent underwent an endoscopic biopsy and a diagnostic colo
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