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Attorney Grievance Commission of v. Post6/9/1998
ployer. Judge McAuliffe, writing for the Court, stated: "The fact that respondent used them to support his business, and not his personal endeavors, is of no consequence, and does not relieve him of responsibility for his failure to hold the funds in trust for the proper authority." Id.
The repeated failure to timely file tax returns and to remit payments is a serious violation; when a lawyer fails to pay withholding taxes for the employees of his law office, that conduct reflects adversely on his or her fitness as a lawyer. The Minnesota Supreme Court observed that the failure to file tax returns or pay employee withholding taxes is "directly related to the operation of law practice and may well reflect upon the seriousness with which [a lawyer] regards his professional obligation in handling other people's money." Matter of Discipline of Johnson, 414 N.W.2d 199, 202 (Minn. 1987). In addition, perhaps the most basic element of an attorney's fitness to practice law is the ability to conduct that practice lawfully.
We said in Attorney Griev. Comm. v. Walman, 280 Md. 453, 465, 374 A.2d 354, 361 (1977), that " y willfully failing to file his tax returns, a lawyer appears to the public to be placing himself above the law." How can we say with confidence that Respondent is fit to give others proper legal advice when he chooses to make illegal "business" decisions in his own life? See id. at 471, 374 A.2d at 365 (Smith, J. MINORITY OPINION(S)ing) (reasoning that a failure to file income tax returns for three years demonstrates that the attorney is "not the type of person to whom we may in confidence entrust the handling the affairs of others").
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