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Attorney Grievance Commission v. Zuckerman4/13/2005
ars. When respondent reported Ms. Becker's theft to the Attorney Grievance Commission, he believed that she had stolen approximately $115,000.00. On October 7, 2002, respondent wrote to the Commission that the amount taken was approximately $144,000.00. From October 2002 until August 2004, respondent's paralegal, Ms. Elkins, worked approximately two days per week trying to identify the owners of the stolen funds.
"In his deposition in answer to a question about his notification of the medical providers in the case of Elmer Green, respondent testified that the provider would know it had an outstanding bill and that he was handling the case and that nobody was complaining. Respondent did not know if he had notified the medical providers in Mr. Green's case or not. Respondent received a deposited settlement check on February 28, 2001 and did not pay Medical Service Center nor did he pay Mount Vernon Pharmacy until December 17 and 18, 2002, almost twenty-two (22) months later. Respondent testified that "a lot of times" his office would tell medical providers that they were holding money pending the resolution of PIP issues. Respondent did not know if he had any letters notifying medical providers that he was holding funds belonging to them, nor did he identify any medical providers whom he had told were due money he was holding in trust. Respondent's paralegal did not find any letters to medical providers to the effect that he was holding funds in trust. Respondent did not notify the medical providers to whom he refunded money that he was holding money for them before he mailed them their checks. Respondent began refunding money to clients in December 2002 and continued refunding money to clients through August 2004. Respondent did not notify the clients to whom he mailed the checks that he was holding money for them at any time before he mailed them their checks.
B. Conclusion of Law: Respondent Violated Rules 1.1, 1.3, 1.4, 1.15 (b) (Competence; Diligence; Communication; Failure to Notify or Deliver the Funds of Medical Providers and Others)
"Rule 1.15 (b) states:
Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or the third person except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or the third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or the third person shall promptly render a full accounting regarding such property.
It is clear from the evidence that respondent for a period of years maintained in his account substantial money belonging to both clients and third parties, namely, his client's medical providers, and did not notify those individuals that he was holding money for them or promptly deliver it to them.
"It was respondent's frequent practice not to disburse all funds when the case was settled but to wait to see if the client's personal injury protection insurance (PIP) paid any of the medical bills. He would put these files aside and periodically review the files to see if PIP had paid the bills. There "is no documentary evidence that he told anyone, either clients or medical providers, that he was holding the funds due them. Moreover, he has not identified any client or medical provider whom he advised about the funds he was holding. When Ms. Becker stole the money from his trust account, it took him more than two years to identify some of the owners of the funds and the amounts they were due.
"It is clear, therefore, that respondent was far behind in closing out his file
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