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Attorney Grievance Commission v. Ellison2/4/2005
copies of the retainer agreement between the Firm and Moody; Moody's termination letter as to the representation; two letters allegedly sent from the Firm in November 2002 and January 2003 to Strulson informing him that the Firm no longer represented Moody; a copy of the Assignment between Strulson, Ellison, and Moody; and an affidavit by Moody. Ellison also attached a letter, dated 24 February 2003, from Donald Temple which stated that "all documents that [the Firm] has relating to Mr. John P. Moody" were enclosed. Temple's letter confirmed that he believed the Firm's representation of Moody was terminated by the 6 November 2002 letter from Moody and that Strulson's claim was "specifically designed to harass this law firm and Mr. Ellison. He is duly aware that we have no responsibility for Mr. Moody's medical bills."
John W. Reburn, Bar Counsel's investigator assigned to the complaint, conducted an investigation of Ellison. Bar Counsel received a letter dated 2 April 2003 from Ellison, on Firm stationery, stating that Moody had informed Ellison that Strulson was paid in full. On 8 April 2003, Reburn contacted GEICO by telephone and learned that a $5,000.00 settlement check had been issued on 15 November 2002 in settlement of Moody's personal injury claim. Reburn learned that Ellison continued to represent Moody in his personal claim and that the settlement check was drafted in both of their names and had been mailed to Ellison's home address. The PIP coverage, which Strulson had been billing for Moody's care, became exhausted at or about the same time the settlement check was issued.
On 15 April 2003, Reburn met with Ellison to review Ellison's documents regarding Moody's representation and discuss further the investigation. Ellison claimed initially that his "file" was unavailable because the Office of Bar Counsel for the District of Columbia had it. Over the course of the interview, Ellison admitted that he had represented Moody throughout the pendency of his claim and had negotiated the settlement with GEICO. Reburn also asked Ellison about the settlement check. Ellison stated that he paid the funds he received from GEICO to Moody. When Reburn asked if he had received a fee for his services, Ellison replied, "I paid it to Mr. Moody." Ellison also stated that he either had not prepared or retained a copy of the settlement sheet for Moody's settlement funds. Reburn concluded the interview by requesting information regarding the settlement funds received and disbursed, the demand letter sent to GEICO, and the medical records and source of the $50 fee sent to Strulson at the time the Assignment was executed.
Ellison responded to Reburn on his personal stationery by letter of 16 April 2003. He stated that he was not able to locate a copy of the actual demand letter sent to GEICO, but enclosed an unexecuted copy while he continued to search for a copy of the original. Ellison also explained that the $50 fee paid to Strulson "came from Mr. Moody" and was not from his escrow account. He concluded by stating that "the settlement check of five thousand dollars ($5,000.00) from GEICO was endorsed by myself and Mr. Moody and was deposited into my IOLTA account and I then paid Mr. Moody."
Reburn followed with a letter dated 1 May 2003. He requested a full accounting of the funds received and disbursed on behalf of Moody, copies of all bank statements and cancelled checks regarding Moody's funds, and an accounting of how Ellison paid the $50.00 fee to Strulson for the medical records. He further requested an explanation as to why Ellison did not disclose his continued representation of Moody in his initial response to Bar Counsel's initial inquiry in February 2003 and whether the F
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