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Attorney Grievance Commission of Maryland v. Jeter8/17/2001
The Attorney Grievance Commission of Maryland (the "Commission"), the petitioner, by Bar Counsel, acting pursuant to Maryland Rule 16-709, filed a Petition for Disciplinary Action against Michael A. Jeter, the respondent, alleging that he engaged in misconduct by violating certain of the Maryland Lawyers' Rules of Professional Conduct. The charges arose out of the respondent's representation of Benita Brown in connection with her personal injury claim arising out of an automobile accident and involved, inter alia, the fee the respondent charged, the respondent's failure to maintain a trust account and the respondent's failure to promptly disburse payment to the physical therapist who treated Ms. Brown. The Honorable Thomas Bollinger of the Circuit Court for Baltimore County, to whom the case was referred, pursuant to Maryland Rule 16-711(a), for hearing and to make findings of fact and draw conclusions of law, determined that the respondent violated Maryland Rules of Professional Conduct 1.5 (Fees) and 1.15 (Safekeeping Property), Maryland Rules 16-603 (Duty to Maintain Account) and 16-604 (Trust Account - Related Deposits) and Maryland Code (1989, 1995 Repl. Vol.), ยง 10-306 of the Business Occupations and Professions Article, but not Maryland Rule of Professional Conduct 8.1 (Bar Admission and Disciplinary Matters).
The basis for these conclusions was set forth in the Court's Memorandum Opinion and Order, as follows:
"The basis for this Petition for Disciplinary Action is that the Respondent, while a member of the Bar of this Court, undertook the representation of Benita L. Brown in connection with her personal injury claim arising from an automobile accident on October 11, 1997. Ms. Brown was treated by Bonnie Schulman, a physical therapist, in October of 1997 for injuries sustained in the automobile accident. Ms. Brown signed an authorization on October 17, 1997 which authorized Ms. Schulman to make a claim for payment from the insurance company and requesting that the company pay Ms. Schulman.
"Ms. Schulman filed a claim with Ms. Brown's insurance [company], Allstate Insurance Company. In December of 1997 the Respondent received a check from Allstate representing personal injury protection benefits compensating Ms. Brown for the treatment rendered by Ms. Schulman. The check was endorsed and placed in an account that the Respondent had with the Provident Bank of Maryland. This account was not an escrow account. Respondent not forward payment to Ms. Schulman until June 10, 1998, six months after depositing the check. Payment was made by cashier's check.
"In addition, Respondent received a $3,000 check in settlement of Mr. Brown's claim in April of 1998, and deposited same in his operating account. Respondent did not communicate the terms of his representation with Ms. Brown in writing. It is further alleged that the Office of Bar Counsel sent three letters to the Respondent requesting a response to the Complaint beginning June 17, 1998 and through July 28, 1998, and Respondent failed to submit a written answer.
"TESTIMONY
Mr. Benis, investigator for the Attorney Grievance Commission, testified for purposes of the admission of various documents concerning his investigation and his interviews with the Respondent. His investigation revealed that there was no evidence that the Respondent was in any way enriched by his actions in this matter.
"Mr. Tim Turner testified that he is a friend of Benita Brown, the claimant in this case, and that they have a child together. He has known the Respondent since they were children, has been a personal friend, and he referred Ms. Brown to the Respondent for legal representation. H
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