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Attorney Grievance Commission v. Alison5/19/1998
We are once again called upon to discipline Stuart L. Alison (Respondent) who was admitted to the Maryland bar in 1978. At the direction of the Review Board, the Attorney Grievance Commission of Maryland (Petitioner) through Bar Counsel filed a petition for disciplinary action against Respondent pursuant to Maryland Rule 16-709. In the petition, it is alleged that Respondent has engaged in misconduct, as defined by Maryland Rule 16-701k, with regard to three unrelated cases. We ordered that this matter be transmitted to The Honorable Judge Alfred L. Brennan, Sr., of the Circuit Court for Baltimore County for a hearing. A hearing was held on October 27, 1997, and shortly thereafter Judge Brennan issued his findings of fact and conclusions of law. Respondent subsequently filed a motion to dismiss and also filed exceptions to Judge Brennan's findings and conclusions. We will address the allegations against Respondent, Judge Brennan's findings of fact and HOLDING(S)s of law, and Respondent's exceptions as to each case separately.
I. Danielle Lynn Koziol, et al. v. State Farm Mutual Automobile Ins. Co.
The first complaint involved statements made by Respondent during the trial of a case arising out of an automobile accident. Respondent represented Danielle Lynn Koziol in her claim against State Farm Mutual Automobile Insurance Company (State Farm) seeking damages for personal injury to her son and property damage to her vehicle caused by a "phantom" driver. On March 20, 1991, a jury trial began in the Circuit Court for Harford County. During Respondent's opening remarks and direct examination of Ms. Koziol, he referred to the phantom driver as an "idiot." In addition, during opening remarks, Respondent made a comment that one can expect to be "jerked around" when dealing with an insurance company. Judge Brennan quoted the following from Respondent's opening statement:
"`When you are involved in an automobile accident and it is somebody else's fault and you are dealing with their insurance company, I guess one learns to expect to get jerked around.'
[Defense Counsel]: Objection.
Sustain the objection.
[Respondent]:
`Did Miss Koziol cause this accident or did this idiot [emphasis added] who stopped in two lanes of rush hour traffic and skidded to a stop, cause this accident?'" (Emphasis supplied by Judge Brennan).
The Honorable Judge Brennan also wrote that, during Respondent's direct examination of Ms. Koziol, Respondent stated: "`You were going through the intersection at Allender Road. Tell us where you were and what this idiot ahead of you did.'" Defense counsel moved for a mistrial which was granted by the trial court. State Farm later filed a motion for sanctions against Respondent.
Judge Brennan found that there was clear and convincing evidence that the " arious comments made and actions by the Respondent, Stuart Long Alison, on Tuesday, May 31, 1994, in the case of Danielle Koziol v. State Farm Insurance ... caused The Honorable Cypert O. Whitfill to grant a mistrial in the case." Based upon these findings, Judge Brennan concluded that Respondent violated Maryland Lawyers' Rule of Professional Conduct 3.4(e). In reaching this conclusion, Judge Brennan reasoned that:
"It certainly is not fair to the opposing party or to counsel for an attorney to make statements to the jury that the opposing party is an idiot, or that one can expect to be jerked around by the insurance company. In this particular case, the Defendant was an insurance company. The purpose of an opening statement is to tell the jury what you expect to prove at the trial. These remarks were argumentative and onl
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