Attorney Grievance Commission v. Bloom

RODOWSKY, Judge. This attorney disciplinary proceeding principally concerns misuse of client funds. Bar Counsel, on behalf of the Attorney Grievance Commission, petitioned this Court for disciplinary action against Sidney L. Bloom (Bloom), a member of the Maryland Bar since December 11, 1970. We referred the matter to Judge William Cave of the Circuit Court for Montgomery County to whose findings Bloom has not excepted.

Three different transactions are involved. In 1977 Bloom, on behalf of a client, had started a mortgage foreclosure which the parties settled. Under their agreement Bloom, as trustee) held money of the debtor in a bank account as security for certain promises. On September 28, 1981, Bloom withdrew the entire account, over $6,000, without authorization and converted the funds to his own use.

He thereby violated, as charged, DR 1-102(A)(3) (illegal conduct involving moral turpitude), DR 1-102(A)(4) (conduct involving dishonesty), and Md. Code (1957, 1981 Repl. Vol., 1985 Cum.Supp.), Art. 10, § 44 (attorney’s duties as to escrow funds). The debtor discovered the defalcation in late 1982 and Bloom repaid the money in October 1983. In March of 1982 Bloom undertook to represent Susan K. Stevens (Stevens) in divorce proceedings and accepted a $610 retainer.

Bloom failed to take any action other than to file a bill of complaint more than one year later. Stevens had to engage new counsel, at an additional fee of $460. Bloom did not refund any portion of his fee. Judge Cave found Bloom’s conduct adversely reflected on his fitness to practice law (DR 1-102(A)(6)), constituted neglect (DR 6-101(A)(3)), and had damaged Stevens (DR 7-101(A)(3)). ⁶¹¹ In the third of the transactions before us, Bloom wrote a personal check on September 3, 1983, in the amount of $2,868.03 to buy a personal computer knowing at the time there were insufficient funds in his account.

Bloom was prosecuted and received probation before judgment under Md.Code (1957, 1982 Repl.Vol., 1985 Cum.Supp.), Art. 27, § 641. His