Attorney Grievance Commission v. Mason

Smith, J., delivered the opinion of the Court. ⁵⁰ Bar Counsel, acting pursuant to the provisions of Maryland Rule BV9, filed a petition with us on behalf of the Attorney Grievance Commission seeking disciplinary action against Frank Ebaugh Mason, Jr., a member of the Bar of this Court since June 19, 1974. A number of charges were involved. We shall recite only such of the facts as are relevant to our imposition of the sanction of disbarment. The facts are not contested.

Bar Counsel utilized the provisions of Rule 421 to obtain admission of facts. No response was made by Mason. Hence, under Rule 421 b 2 the facts were deemed admitted. Pursuant to Rule BV10 we assigned the Honorable H. Kenneth Mackey, Associate Judge of the Second Judicial Circuit of Maryland, to hear the proceeding in the Circuit Court for Talbot County.

No answer or other responsive pleading was filed. Accordingly, a decree pro confesso was entered. Mason initially was present at the hearing held to receive evidence pursuant to the decree pro confesso. However, he left prior to the conclusion of that hearing.

No live testimony was introduced, but the transcript of the hearing before the inquiry panel was filed. It, the admitted facts, and certified copies of all proceedings relative to the estate of Laura Coleman constitute the facts before the Court. i Tax Matters Mason was convicted by a jury of willfully failing to file 1977 and 1978 Maryland income tax returns. Thereafter, he entered a plea of nolo contendere to three counts which charged a willful failure to remit withholding taxes on behalf of employees. This plea was duly accepted. ii The Laura Coleman Matter As a result of the illness and subsequent death of an older attorney, Mason fell heir, so to speak, to representation of Laura Coleman, then ninety years of age.

The older attorney ⁵¹ had earlier prepared a power of attorney from Mrs. Coleman to Delphine Smallwood, a cousin who resided in Baltimore City. At Mason’s request the cousin signed blank checks and blank savings account withdrawal slips. Without the knowledge of Mrs. Smallwood, more than $40,000 was withdrawn during the year 1977 from the joint savings account of Mrs. Coleman and Mrs. Smallwood. Mason executed a note dated June 23, 1977, in the amount of $30,000, payable twelve months after date, to Mrs. Coleman and Mrs. Smallwood for that much of this sum.

He claimed Mrs. Coleman agreed to lend him this amount. The trial judge so found. The note became a part of Mrs. Coleman’s estate. Mrs. Coleman died October 31, 1977.

Letters testamentary were granted to Mason on February 27, 1978. On April 7, 1978, one day after the checking account for the estate of Mrs. Coleman was opened, Mason drew himself a check in the amount of $2,000 as an advance on his commissions as executor. On June 5, 1979, the Orphans’ Court of Talbot County passed an order directing Mason to file an inventory and an administration account by June 12, 1979, or appear before the court on that date to show cause