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Office of Disciplinary Counsel v. Furth9/19/2001
him and his son on all of the matters to which respondent referred in his own communication. Accordingly, we hold that relator proved by clear and convincing evidence that respondent violated DR 6-101(A)(3), 7-101(A)(1), 7-101(A)(2), and 1-102(A)(6).
Count 5
The board found no violation, based on its conclusion that relator failed to prove by clear and convincing evidence that respondent did not return all of the documents to Mr. Johnson.
Relator argues that respondent violated DR 2-110(A)(2) (failing to deliver to the client all papers and property to which the client is entitled), 1-102(A)(5) (engaging in conduct that is prejudicial to the administration of justice), 1-102(A)(6) (engaging in conduct that adversely reflects on his fitness to practice law). We agree.
Mr. Johnson expressly requested that respondent return all records in his possession, including school records, in his letter of October 23, 1998. In his testimony, Mr. Johnson denied receiving any documents from respondent. Respondent's testimony regarding this point was inconsistent: he initially testified that he had returned Mr. Johnson's documents but in later testimony stated that Tomeu had taken many of his files, including those of Mr. Johnson. Respondent also testified that he had a practice of destroying files for his juvenile clients. We find these facts prove by clear and convincing evidence that respondent did not return all of the documents to Mr. Johnson. Accordingly, we hold that respondent violated DR 2-110(A)(2), 1-102(A)(5), and 1-102(A)(6).
Count 7
We adopt the panel's findings of fact in Count 7. However, we decline to adopt the panel's conclusions of law and hold that there is clear and convincing evidence that respondent violated several additional Disciplinary Rules with respect to his representation of Angela Catania. Respondent intentionally misled the insurance company during negotiations by falsely asserting that Catania suffered psychological injuries. Respondent prepared a false settlement document by listing a nonexistent medical bill of $1,500 and withheld, without justification, an additional $731.55. Finally, respondent gave the settlement proceeds to his brother, Doug Furth, to be deposited in his brother's personal checking account. Accordingly, we hold that respondent violated DR 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(6) (engaging in any other conduct adversely reflecting on a lawyer's fitness to practice law), 9-102(B)(4) (a lawyer shall promptly pay or deliver to the client as requested by the client funds in the possession of the lawyer which the client is entitled to receive), and 9-102(B)(3) (a lawyer shall maintain complete records of all funds of the client coming into the possession of the lawyer and render appropriate accounts to his client regarding the same). Were we to adopt the recommendations of the panel and the board on these facts, we would thereby send a message to the bar that could not be rationalized with our professional standards.
Count 8
Although the panel found that respondent violated Disciplinary Rules regarding his own personal injury case, it concluded that the evidence was not clear and convincing that respondent knew that the letters, affidavits, and reports in the matters concerning Joseph Leonetti, Linda Wander, and Jason Widing were false. We disagree. It is illogical to conclude that respondent intentionally wrote and used a false affidavit with a forged signature in his own personal injury case, yet conclude that the other false affidavits, letters, and reports purportedly prepared by the same person do not constitu
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