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Attorney Grievance Commission v. Ellison2/4/2005
t seem as [though] Temple Law Offices was representing Moody, when Temple Offices did not represent Moody." Respondent further testified that Moody understood that he was not retaining the firm because "Moody was [Respondent's] client prior to [Respondent] going to [work at] Temple Law Offices."
Respondent also testified that he "did not recall Moody signing another agreement" once Respondent began representing Moody after the termination. Respondent further testified that he did not "ever recall giving Moody [a written statement] and he signing it" once Respondent received the settlement from GEICO in Moody's case. Respondent explained that assuming arguendo he never executed a second retainer agreement between himself and Moody, it was because he and Moody verbally agreed to the same terms as those contained in the previous agreement, including the same percentage for the contingency fee.
After Respondent received the settlement check in Moody's case, he admittedly did not call Strulson to notify him that a settlement had been received. Respondent testified that during a telephone conversation initiated by Strulson in late November of 2002, Strulson informed Respondent that he was already aware that Moody's case had been settled. Strulson did not tell Respondent how he had obtained the information. Although Strulson likewise testified that he returned a call from Respondent in mid to late November of 2002, he also testified that the conversation was only regarding Moody's account balance for treatment rendered and Respondent made no mention of a settlement having been received. In fact, Strulson testified that he did not find out that the case had been settled until January 7, 2003, when Moody was referred back to him for treatment of an old military injury. Respondent acknowledged that at the time he disbursed the settlement funds to himself and Moody in early December of 2002, he had not received information, and had not taken any steps to find out, whether Medicare had paid Strulson.
Strulson said that he asked Moody about his personal injury case, at which point Moody informed him that the case had been settled. Strulson further testified that he immediately called Respondent to inquire about the settlement and to inform him that there was a balance on Moody's account that Respondent was obligated to pay in accordance with the [Assignment]. According to Strulson, Respondent told him that he was no longer representing Moody, there had been no settlement in the case, that he (Respondent) did not owe Strulson any money, and to bill Medicare for the balance owed.
II.
A.
Before proceeding to the exceptions to Judge Geter's written findings and conclusions, we address Ellison's contention regarding the denial of his pre-hearing motion to compel discovery from Strulson. Ellison believes that Strulson used the attorney grievance process as an unlawful means to leverage Ellison and Moody into overpaying for Moody's medical treatment. Therefore, his request to inquire further into that suspicion was denied improperly.
Strulson received a subpoena duces tecum to appear for deposition with all documentation concerning: complaints against Strulson before any licensing body; any contact Strulson had with the AGC regarding Ellison or any other lawyer; and any civil suit or AGC grievance complaint for any violations of assignment payment terms between Strulson and any other lawyers. Strulson attended the deposition, but without these documents, if any existed. Strulson also did not file an objection to the subpoena or a motion for a protective order as generally prescribed by Md. Rules 2-510(f) and 2-403.
On 24 May 2004, E
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