Attorney Grievance Commission v. Zuckerman4/13/2005
Harrell, J. dissents
The Attorney Grievance Commission of Maryland ("Petitioner" or "Bar Counsel"), acting through Bar Counsel and pursuant to Maryland Rule 16-751(a), filed a petition for disciplinary or remedial action against respondent, Charles J. Zuckerman, Esquire, on June 11, 2004. The Petition alleged that Zuckerman, who was admitted to the Bar of this Court on June 20, 1974, violated several Maryland Rules of Professional Conduct ("MRPC"), specifically, 1.1 (Competence), 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 1.8 (Prohibited Transactions), 1.15 (Safekeeping Property), 5.3 (Responsibilities Regarding Non-lawyer Assistants), 8.4 (Misconduct), Maryland Rule 16-607, and Maryland Code (2000, 2004 Repl. Vol.), Sections 10-304 and 10-306 of the Business Occupations and Professions Article.
In accordance with Maryland Rules 16-752(a) and 16-757(c), we referred the petition to Judge John N. Prevas of the Circuit Court for Baltimore City for an evidentiary hearing and to make findings of fact and conclusions of law. On October 27, 2004, Judge Prevas held a hearing and on January 19, 2005, issued Findings of Fact and Conclusions of Law, in which he found, by clear and convincing evidence, that Zuckerman had violated MRPC 1.1, 1.3, 1.4, 1.15(a) and (b), 5.3(a) and (b), 8.4(d), Maryland Rule 16-607, and Sections 10-304 and 10-306 of the Business Occupations and Professions Article:
"The Attorney Grievance Commission of Maryland, petitioner, by Bar Counsel, acting pursuant to Maryland Rule 16-751, filed a Petition For Disciplinary or Remedial Action against Charles Zuckerman, respondent. The case was referred to this court, Pursuant to Rules 16-752 (a), for hearing pursuant to Rule 16-757 (c). The petition charged that the respondent violated Maryland Rule of Professional Conduct 5.3, Responsibilities regarding non-lawyer assistants, 1.3, Diligence, 1.4, Communication, 1.15, Safekeeping Property, and Md. Bus. Occ. & Prof. Code Ann. § 10-304 by failing to deposit trust money in a trust account and § 10-306 by regularly advancing payments to clients, by failing to pay clients, medical providers, and himself funds due to them from personal injury settlements, by failing to notify clients and medical providers that he was holding funds due to them, by having a negative balance in his trust account on March 16, 2000, and by making duplicate payments to himself. Petitioner further alleged that Respondent's conduct was prejudicial to the administration of justice in violation of Rule 8.4(d). Having reviewed and considered the evidence presented at trial on October 27, 2004, the following findings of fact and conclusions of law have been made.
I. Rule 5.3 (a) and (b) (Responsibilities Regarding NonLawyer Assistants)
A. Findings of Fact
"The respondent has been a member of the Maryland Bar since June 20, 1974. He served for about five and a half years as an Assistant State's Attorney in Baltimore City and as an Assistant Attorney General assigned to the Public Service Commission for about a year and a half. For the last twenty-two years the respondent has conducted a private law office in Baltimore City. His cases consisted of a high volume of small personal injury cases (settlements averaging under $10,000) and few family law and criminal law cases as well. He has no history of any disciplinary sanction or involvement prior to the occurrence which gave rise to the instant case.
"On or about May 7, 2002, respondent hired Shannon Becker as a paralegal. Ms. Becker had previously worked in his employ for six (6) months in 1999 answering the telephone and performing other clerical duties. She left respondent's employ to take w
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