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Attorney Grievance Commission v. Zuckerman4/13/2005
, but there was an absence of intentional misconduct, he took a course in escrow account management, and had no prior disciplinary record); Attorney Grievance Comm'n v. Culver, 371 Md. 265, 284, 808 A.2d 1251, 1262 (2002) (imposing a thirty-day suspension for violations of MRPC 1.5(c) and Maryland Rule 16-607(b)(2) where the attorney failed to reduce a contingency fee modification to writing and unintentionally commingled funds when he attempted to resolve a fee dispute with clients instead of disbursing his portion of the settlement proceeds to himself); DiCicco, 369 Md. at 688, 802 A.2d at 1028 (imposing an indefinite suspension with the right to reapply after ninety days for violations of MRPC 1.15(a) and (c), and 8.4 where the attorney negligently administered his trust account, but there was an absence of fraudulent intent, the attorney had no previous disciplinary problems and the clients suffered no financial loss); Adams, 349 Md. at 98-99, 706 A.2d at 1086 (imposing a thirty-day suspension for violations of MRPC 1.15 and Maryland Rule 16-604 where the lawyer improperly used client funds to pay the client's tax obligations prior to depositing the funds into a trust account, but the conduct was unintentional, he had no prior disciplinary history, and the monies subsequently were paid to the Comptroller).
Several courts from other jurisdictions addressing specific instances of misappropriation of funds due to poor administration of trust funds and theft by an employee have imposed sanctions varying from thirty-day to six-month suspensions. See In the Matter Marshall, 498 S.E.2d 869, 882 (S.C. 1998) (imposing a six-month suspension for violations resulting from the attorney's delegation of the office's financial affairs to office manager with no supervision, which contributed to manager's embezzlement of client trust fund); Office of Disciplinary Counsel v. Ball, 618 N.E.2d 159, 162 (Ohio 1993) (imposing a six-month suspension for attorney's failure to supervise secretary who misappropriated client funds over a ten-year period); Louisiana State Bar Association v. Keys, 567 So.2d 588, 593 (La. 1990) (imposing a thirty-day suspension for lawyer's negligent supervision of client funds where the lawyer's secretary misappropriated the funds); In the Matter of Scanlan, 697 P.2d 1084, 1087-88 (Ariz. 1985) (imposing a ninety-day suspension on attorney for failing to exercise minimal care over client trust accounts, and negligently allowing employee to embezzle trust account funds); In re Privette, 582 P.2d 804, 805-06 (N.M. 1978) (imposing a five-month suspension with provision for a twelve-month probationary period for attorney's negligent handling of client trust funds and failure to supervise employee who embezzled client funds).
In fashioning a sanction, we are mindful of the fact that mitigating factors should be considered, including
" bsence of a prior disciplinary record; absence of a dishonest or selfish motive; personal or emotional problems; timely good faith efforts to make restitution or to rectify consequences of misconduct; full and free disclosure to disciplinary board or cooperative attitude towards proceedings; inexperience in the practice of law; character or reputation; physical or mental disability or impairment; delay in disciplinary proceedings; interim rehabilitation; imposition of other penalties or sanctions; remorse; and finally, remoteness of prior offenses."
Glenn, 341 Md. at 488-89, 671 A.2d at 483. Judge Prevas found several of those to be compelling in the present case.
Mr. Zuckerman has been a member of the Bar of this State since 1974 and has no prior disciplinary record. Once he learned of the theft of the trust account, he no
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