Attorney Grievance Commission v. Goldberg

⁵⁴⁷ R0D0WSKY, Judge. This attorney disciplinary proceeding concerns the misappropriation of substantial amounts of client funds. Bar Counsel, on behalf of the Attorney Grievance Commission, petitioned this Court for disciplinary action against Bernard F. Goldberg (Goldberg), a member of the Maryland Bar since June 28, 1951. We referred the charges to Judge James C. Cawood, Jr. of the Circuit Court for Anne Arundel County for findings of fact.

Two separate transactions are involved. In the spring of 1984 Goldberg represented Mr. Sol Sheintal of Florida in the negotiation and sale of certain realty to the City of Frederick. The purchase price of $1,888,825 was paid in installments with checks drawn solely to the order of Goldberg. Goldberg deposited these checks into a personal or business account and converted to his own use substantial amounts of this money.

In January 1985 Goldberg remitted $1,400,000 to Sheintal but the net balance due to the client, of at least $388,825, is still outstanding. Goldberg thereby violated, as charged, DR 1-102(A)(1), (3), (4), (5), and (6), DR 7-101(A)(2) and (3), DR 7-102(A)(3), (5), and (8), DR 9-102(A)(l) and (2), and DR 9-102(B)(l), (2), (3), and (4). In the spring of 1985 Goldberg, acting as settlement officer for a title company, conducted a residential real estate settlement. The buyers, Mr. and Mrs. Larry E. Horsey, had financed the transaction through a mortgage company which issued the loan proceeds of $58,905.41 by check made payable solely to the order of Goldberg.

Goldberg deposited the check to his personal or office account and converted all, or