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Attorney Grievance Commission v. Ellison2/4/2005
irm knew that Ellison continued to represent Moody after 6 November 2002.
Ellison "finally explained" in a letter dated 13 May 2004 that he had represented Moody in his settlement and received a fee for his services. His enclosed bank statements and checks revealed that he deposited the $5,000.00 check on 2 December 2004 in an account labeled "Jared K. Ellison, Esq. IOLTA" and that he had disbursed $1,715.00 to himself on 3 December for "legal services rendered." He then distributed $3,285.00 to Moody from the account, by check, on 4 December 2002. He also stated that the $50.00 "received from Mr. Moody to pay Avi Strulson went directly to Avi Strulson."
The letter continued that the Firm did not know that Ellison continued to represent Moody after 6 November 2002. He did not disclose his continuing representation of Moody in response to Bar Counsel's initial inquiry because he "honestly believed that all agreements with Avi Strulson terminated because signed the authorization and assignment while handling Mr. Moody's case on behalf of the firm." Ellison further asserted that he believed that Bar Counsel merely wanted to know when the Assignment "was terminated which I believed ended any obligation that I had to Avi Strulson."
Reburn continued his correspondence with Ellison with a letter dated 20 May 2003. He requested the Firm's and Ellison's personal injury case file for Moody, a copy of Ellison's written contingent fee agreement with Moody, and an explanation as to why Ellison did not inform Temple that he continued to represent Moody after 6 November 2002. Ellison responded via letter dated 28 May 2003. He stated that he "submitted to [Reburn] all the documents that I have relating to Mr. John Moody." Contrary to his previous assertion at the 15 April 2003 interview when he stated the Moody file was still in the possession of the Office of Bar Counsel for the District of Columbia Bar, he also stated that his personal Moody file was the same file the Firm had. Ellison could not locate a written contingency fee agreement, but forwarded an "exact duplicate of the retainer agreement that Mr. Moody would have signed." He did not inform the Firm that he was continuing to represent Moody after 6 November because he "was doing a favor for Mr. Moody. . ." because "Mr. Moody was a neighbor of mine."
Temple stated at his pre-hearing deposition that Ellison was free to represent other clients outside of the Firm, although he did not know of any that Ellison had so represented in 2002. Temple acknowledged his understanding that the Firm had been retained by Moody, but that Moody later terminated the representation.
With regards to Ellison's representation of Moody, Temple averred that he did not know that Ellison continued to represent him until Bar Counsel commenced its investigation. Temple also stated that he did not know Ellison received a fee from Moody, but that fact did not bother him "in the slightest." He did not believe the Firm was owed any portion of the fee from the settlement. Finally, in Temple's opinion, Ellison did nothing wrong in this matter.
C.
At the two-day hearing on 8 and 9 July 2004 before Judge Geter, Ellison testified. Judge Geter weighed his testimony in the following manner:
At the hearing, Respondent acknowledged that the retainer agreement he had Moody sign was on "Temple Law letterhead," and although it listed him (Respondent) as the responsible attorney, the agreement was "between Moody and Donald M. Temple, P.C." Respondent also testified, however, that Moody was never a client of the Temple Law Office, and that it was a "mistake" for him to use the firm's letterhead because "it made i
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