Attorney Grievance Commission v. Micka

Smith, J., delivered the opinion of the Court. Bar Counsel acting on behalf of the Attorney Grievance Commission filed a petition for disciplinary action against John G. Micka (Misc. Docket (Subtitle BV) No. 6, September Term, 1980). It alleged violation of a number of disciplinary rules.

Pursuant to Maryland Rule BV9 we referred the matter to the Honorable Martin A. Wolff, Associate Judge of the Circuit Court for Anne Arundel County. Judge Wolff made findings of fact which included that shortly before trial of a case by Micka on behalf of a client a settlement agreement was reached with the approval of the client; that Micka received the check for the amount involved payable to him and the client along with a release to be signed by the client; that instructions to Micka were to the effect that the check was to be held in escrow until the release was executed; that Micka signed the client’s name "on the check, without the knowledge, authority or consent of [the client]”, depositing that check on the date of its receipt in an account "in the name 'John G. Micka, Attorney at Law’ [which] was a joint checking account with [Micka’s wife]”; that when Micka received the release from his client some days later he then gave the client a check postdated by three days; that Micka’s check was dishonored by the bank upon which it was drawn because of insufficient funds in the account; that the check was redeposited and again returned for insufficient funds; that the client then demanded a certified check for the full net proceeds but Micka sent two checks, one of which was a certified check for a part of the funds and the other of which