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Matter of Maguire3/2/1999
Board Case Nos. 8, 1996; 55, 56, 57, 98, 101, 102, 123, 1997; 11, 1998
Disciplinary Proceeding Upon Final Report of the Board on Professional Responsibility of the Supreme Court. Findings Affirmed. Respondent Disbarred.
This Court has before it a report from the Board on Professional Responsibility ("Board") concerning a petition for discipline filed by the Office of Disciplinary Counsel ("ODC") against the Respondent, Michael P. Maguire ("Maguire"). Maguire has been a member of the Delaware Bar since 1968. Most recently, he operated as a solo practitioner. On May 19, 1997, this Court placed Maguire on interim suspension. In re Maguire, Del. Supr., No. 204, 1997, 1997 WL 328588 (May 19, 1997) (ORDER).
REPORT OF THE BOARD
The Board held a hearing on August 27, 1998, at which the ODC and counsel for Maguire presented arguments. Maguire appeared and made a statement on his own behalf. The Board also received supplemental submissions from the parties dated October 13, 1998. After considering the evidence presented, the Board concluded that Maguire had committed various violations of the Rules of Professional Conduct, including the misappropriation of clients' funds.
Board Case No. 8, 1996
In April of 1994, Christopher M. Slaughter retained Maguire to represent him in a personal injury case. Although Maguire and Mr. Slaughter orally agreed to a one-third contingency fee arrangement, Maguire failed to put the agreement into writing. After determining that the driver responsible for the accident was uninsured, Maguire sought a recovery from Mr. Slaughter's insurance company. The insurance company sent Maguire a $9,000 settlement check made payable to both Maguire and Mr. Slaughter. On August 30, 1995, without obtaining authorization from Mr. Slaughter, Maguire signed Mr. Slaughter's name on the back of the check. Maguire then deposited the full amount of the settlement into his personal checking account. During the next several weeks, Maguire spent nearly the entire $6,000 that constituted Mr. Slaughter's portion of the settlement.
Mr. Slaughter subsequently asked Maguire about the status of the settlement. On November 17, 1995, Maguire issued a check to Mr. Slaughter in the amount of $500 with the notation "advance" without disclosing to Mr. Slaughter that he had already received the full settlement amount and deposited it into his own account. In January 1996, Mr. Slaughter filed a complaint with the Office of Disciplinary Counsel. Maguire distributed the remaining $5,500 in settlement funds to Mr. Slaughter in February 1996. In responding to Mr. Slaughter's disciplinary complaint, Maguire falsely stated that the matter had been resolved when the check from the insurance company arrived and "the funds were distributed the next day." Maguire subsequently lost Mr. Slaughter's file.
Maguire admits that he violated Rule 8.4(c) by "engaging in conduct involving dishonesty, fraud, deceit or misrepresentation" through his misappropriation of approximately $6,000 of Mr. Slaughter's funds from August 1995 until February 1996. By means of explanation rather than excuse, Maguire also asserts that he was expecting a settlement check in another matter to arrive immediately after the check from Mr. Slaughter's insurance company, so that his use of Mr. Slaughter's funds would have been limited to a short period of time. Maguire also admits that he violated Rule 8.4(c) by misrepresenting to Mr. Slaughter that the $500 check sent to him in November 1995 was an "advance."
Maguire also admits that he violated Rule 8.1(a) by "knowingly mak a false statement of material fact" by falsely stating to the ODC that he had
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