 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Attorney Grievance Commission v. Ellison2/4/2005
with intent to deny Strulson his fees. He further acted with intent to hide from Bar Counsel and Reburn his continuing representation of Moody and the receipt of a fee for that representation. Ellison knew of the details of his representation of Moody and his duty to fulfill the Assignment. The hearing judge found that Ellison knew, or should have known, from the plain text of the Assignment that it was still valid. His subsequent conduct during the investigation demonstrated his intent to obscure the facts from the eyes of Bar Counsel.
There was no actual loss suffered by the Complainant, Strulson, because Moody eventually paid the balance. Although Ellison claims that Moody was happy with his representation, the fact remains that Moody paid $1,022.00 to Strulson out of his personal funds.
Lastly, we examine any aggravating and mitigating factors. Contrary to Bar Counsel's belief that there are no mitigating factors, we credit Ellison with an absence of a prior disciplinary record and relative inexperience in the practice of law after his admission to the Maryland Bar in 2000. In regard to the latter factor, however, we note that Ellison is not necessarily youthful, having received his baccalaureate degree in 1993. Also, we take note that two sets of violations found to have occurred here are predicated on the same conduct-the Rule 16-606 and 16-609 violations and the violation of MRPC 1.15(a).
These mitigating factors, however, do not temper sufficiently the intentional dishonesty exhibited by Ellison throughout his interactions with Strulson over the Assignment and with the Office of Bar Counsel during the investigation. This conduct alone, which cuts to the core of our ethical standards for attorneys, merits disbarrment. We find Judge Cathell's words from Attorney Grievance Comm'n v. Vanderlinde, 364 Md. 376, 418, 773 A.2d 463, 488 (2001), compelling still:
Unlike matters relating to competency, diligence and the like, intentional dishonest conduct is closely entwined with the most important matters of basic character to such a degree as to make intentional dishonest conduct by a lawyer almost beyond excuse. Honesty and dishonesty are, or are not, present in an attorney's character.
"Honesty is of paramount importance in the practice of law." Attorney Grievance Comm'n v. Blum, 373 Md. 275, 304, 818 A.2d 219, 237 (2003) (ordering disbarrment for attorney that made multiple misrepresentations in "an attempt to obfuscate the truth and save his own skin"). In the absence of more significant mitigating factors than are present here, intentional dishonesty by a lawyer admitted to the Maryland Bar merits disbarrment. Attorney Grievance Comm'n v. Goodman, 381 Md. 480, 499, 850 A.2d 1157, 1168 (2004) (ordering disbarrment of attorney that committed intentional dishonesty in representing himself as another attorney); Vanderlinde, 364 Md. at 419, 773 A.2d at 488 (attorney intentionally embezzled money from her employer); Attorney Grievance Comm'n v. White, 354 Md. 346, 367-68, 731 A.2d 447, 459 (1999) (attorney intentionally committed perjury and other misrepresentations).
We thus order that Ellison be disbarred.
IT IS SO ORDERED; RESPONDENT SHALL PAY ALL COSTS AS TAXED BY THE CLERK OF THIS COURT, INCLUDING THE COSTS OF ALL TRANSCRIPTS, PURSUANT TO MARYLAND RULE 16-715(C), FOR WHICH SUM JUDGMENT IS ENTERED IN FAVOR OF THE ATTORNEY GRIEVANCE COMMISSION AGAINST JARED K. ELLISON
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.
|
|