 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Attorney Grievance Commission v. Ellison2/4/2005
This attorney conduct matter arises out of the on-again / off-again / on-again legal representation of John P. Moody in a personal injury claim and the assignment of recovery proceeds from that claim to one Avraham Strulson, a physical therapist who treated Moody for injuries suffered in the underlying motor vehicle accident. The Attorney Grievance Commission of Maryland (AGC), Petitioner, acting through Bar Counsel, filed a Petition for Disciplinary or Remedial Action against Jared K. Ellison, Esquire, Respondent, charging him with violations of Maryland Rules of Professional Conduct (MRPC) 1.5(c) (Fees), 1.15 (a), (b),and (c) (Safekeeping Property), 8.1 (a), (b) (Bar Admission and Disciplinary Matters), and 8.4 (c), (d) (Misconduct). Petitioner also charged Respondent with violations of Maryland Rules 16-606 and 16-609. Pursuant to Rule 16-752(a), we referred this matter to the Honorable Melanie Shaw Geter of the Circuit Court for Prince George's County to conduct a hearing and make findings of fact and proposed conclusions of law.
Judge Geter concluded, from the facts found credible by her and to a clear and convincing standard, that Respondent violated MRPC 1.5(c); 1.15 (a),(b); 8.1(b); and 8.4(c). She further concluded that Respondent violated Md. Rules 16-606 and 16-609. Bar Counsel excepted to Judge Geter's refusal to find a violation of MRPC 8.4(d) and, regardless of its exception, recommended disbarrment as the appropriate sanction. Ellison excepted to each of Judge Geter's conclusions of law and urged his version of the facts. In addition, Ellison excepted to a pre-hearing order rejecting his motion for an order compelling discovery regarding the Complainant, Strulson. Respondent recommended, in light of his exceptions, that we dismiss Bar Counsel's complaint, or, if we should find grounds for any violations, they warranted no more than a reprimand.
I.
We begin by considering Judge Geter's findings based on our independent review of the record. Attorney Grievance Comm'n v. Stolarz, 379 Md. 387, 397, 842 A.2d 42, 47 (2004) (citing Attorney Grievance Comm'n v. Garfield, 369 Md. 85, 97, 797 A.2d 757, 763 (2002); Attorney Grievance Comm'n v. Wallace, 368 Md. 277, 288, 793 A.2d 535, 542 (2002)). We have organized her findings in the following contexts for review: first, those relating to events occurring prior to Strulson's complaint to the AGC; second, as revealed during the AGC's investigation prior to the evidentiary hearing before her; and third, additional facts brought to light at the hearing.
A.
Moody was injured in an automobile accident on 10 July 2002. He entered Strulson's care, upon referral by his primary physician, on 7 August for treatment of injuries inflicted during the accident. Strulson, a Maryland-certified physical therapist, treated Moody until 4 October 2002.
At the start of his treatment, Moody provided to Strulson only his automobile insurance provider, GEICO, as a source of payment for his care, although Moody had Medicare and Government Employees Hospital Association (GEHA) insurance coverage as well. When Moody completed the medical data form, he listed "uninsured" as the person responsible for payment of the treatment. During and after his treatment of Moody, Strulson submitted Moody's medical bills initially only to GEICO, Moody's Personal Injury Protection (PIP) insurer. At the conclusion of Moody's treatment and after the exhaustion of Moody's PIP coverage (which occurred on 18 November 2002), Moody's account with Strulson had a balance due of $1,022.00.
On 11 October 2002 Moody signed a retainer agreement with the law firm of Donald M. Temple, P.C. (the Firm), to represent him in the pe
Page 1 2 3 4 5 6 7 8 9 10 11 12 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|