ATTORNEY GRIEV. COMM'N OF MARYLAND v. Kolodner

PER CURIAM. On January 28,1990 the Attorney Grievance Commission, acting through Bar Counsel, filed a disciplinary petition ⁵⁴⁶ against Fred Kolodner, alleging multiple violations of the Rules of Professional Conduct, the Code of Professional Responsibility, and Maryland Code (1987 Repl.Vol.), Art. 10, § 44. These alleged violations focused upon misappropriation, conversion, and commingling of client funds by Kolodner for periods commencing after September, 1987. We referred the matter, pursuant to Md.Rule BV 9b, to Judge James T. Smith, Jr. of the Circuit Court for Baltimore County to make findings of fact and conclusions of law.

At the time the disciplinary petition was filed, Kolodner was under indefinite suspension from the practice of law for earlier disciplinary infractions which were found to have been causally related to his alcoholism. See Attorney Griev. Comm’n v. Kolodner, 317 Md. 507 , 564 A.2d 1180 (1989); Attorney Griev. Comm’n v. Kolodner, 316 Md. 203 , 557 A.2d 1332 (1989).

See also Attorney Griev. Comm’n v. Kolodner, Misc.Docket (BV) No. 31, September Term, 1988 (unreported), filed February 28, 1990. Kolodner did not appear at the hearing before Judge Smith. Extensive findings of fact and conclusions of law were filed by Judge Smith; he determined, by clear and convincing evidence, that Kolodner’s misappropriation, conversion and commingling of client funds violated DR 1-102 and 9-102, Rules 1.15, 8.1, and 8.4, and Art. 10, § 44.

According to evidence adduced in