Attorney Grievance Commission v. Hines

PER CURIAM. The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against Eugene Patrick Hines, alleging violations of the disciplinary rules of the Code of Professional Responsibility. We referred the matter, pursuant to Maryland Rule BV9 b, to ⁶²⁷ Judge Raymond G. Thieme, Jr. of the Circuit Court for Anne Arundel County to make findings of fact and conclusions of law. After conducting a hearing, Judge Thieme made findings and conclusions as follows: “The handling of two particular cases by the Respondent are the impetus for the petition.

The first involved the representation of a Ms. Linda Shakkour and a Ms. Kathleen Flynn and their efforts to secure a proper location for their restaurant. Respondent was retained to negotiate on their behalf for a suitable property in the District of Columbia. He advised his clients that a deposit would be needed to reserve any sought property. He received a check in the amount of $2,850; this check was subsequently deposited in his personal account on January 23, 1980.

On February 4, 1980, $2,500 was removed from Respondent’s personal account and deposited into a business account. In February Ms. Shakkour and Ms. Flynn advised him that they had abandoned their restaurant venture. Thereupon, Respondent sent a bill for his services in the amount of $3,581. Some disagreements about this bill arose and Respondent suggested that a lien could be placed on the deposit money.

A complaint was filed with the Attorney Grievance Committee for the District of Columbia. “The District of Columbia Court of Appeals in an opinion dated September 26, 1984, found that the Respondent had, by placing Ms. Shakkour’s and Ms. Flynn’s deposit in his personal account, violated the District’s DR 9-103. That conduct, the Court wrote, was done in reckless disregard for the status of the accounts of his clients and gave rise to the inference that the Respondent had engaged in conduct involving dishonesty in violation of DR 1-102(A)(4). “The second incident giving rise to this case involved the handling of a legal claim against an estate by Respondent on behalf of Ms. Jane Nusbaum in the early part of 1980. Pursuant to an agreement with Ms. Nusbaum all proceeds of the claim against the estate would be divided fifty-fifty between Respondent and client. A total of $8,136 was ⁶²⁸ secured from the estate.

Ms. Nusbaum’s share was diminished, by agreement, by $682.00 for past unrelated legal services rendered. Ms. Nusbaum was entitled to a total of $3,386.00. Ms. Nusbaum requested that the Respondent deliver to her directly $1,886.00. The remaining $1500.00 was to be placed by him into his client’s checking account located in Riggs National Bank.

Respondent deposited the entire check from the estate into his professional account, and as requested, immediately drew a check payable to Ms. Nusbaum in the amount of $1,886.00. He did not deposit $1500.00 into his client’s account at Riggs National Bank and on two occasions, April 18, 1980 and April 22, 1980, he misrepresented to Ms. Nusbaum his reasons for his failure to so follow her instructions. Ms. Nusbaum subsequently suffered financial difficulties at her bank directly attributable to the actions of Respondent. “The Court of Appeals for the District of Columbia found that the actions of the Respondent violated DR 1-102(A)(4). They constituted a deliberate misrepresentation to a client while in the service of that client.

The failure to keep Ms. Nusbaum’s $1500.00 in an identifiable bank account was a violation of the District’s DR 9-103(A). DR 9-103(B)(4) was violated when Respondent declined to follow Ms. Nusbaum’s request to transfer the $1500.00 to Riggs National Bank. The resulting damage to Ms. Nusbaum represented a violation of DR 7-101(A)(3) according to the D.C. Court of Appeals. “FINDINGS OF LAW “Attorneys at law are officers of the court, Attorney Grievance Commission v. Levitt, 286 Md. 231