Attorney Grievance Commission v. Urisko

PER CURIAM. The Attorney Grievance Commission (Commission) through Bar Counsel filed a petition for disciplinary action against the respondent, James A. Urisko (Urisko), alleging violations of the Disciplinary Rules of the Code of Professional Responsibility. Pursuant to Maryland Rule BV9b, this Court referred the matter to Judge L. Leonard Ruben of the Circuit Court for Montgomery County. After reviewing the parties’ stipulations of facts, Judge Ruben filed a written memorandum as follows: FINDINGS OF FACT The Court adopts the Stipulations of Facts as submitted by parties’ counsel: In or around November, 1983, Linda M. Remsburg, who was then represented by another attorney, consulted the Respondent, James A. Urisko, regarding her domestic situation and a Proposed Separation and Property Settlement Agreement.

The Respondent indicated to Mrs. Remsburg that she could possibly do better than the proposed settlement because of her involvement in the business operated by her husband and that she should consult with her attorney with respect to this matter. Mrs. Remsburg discharged her attorney and took her file and records to the Respondent in late 1983. On or about March 1, 1984, the Respondent wrote to the attorney representing Mrs. Remsburg’s husband advising of his representation of Mrs. Remsburg and suggesting further negotiation. The Respondent received no response to that letter and did not direct any further correspondence to opposing counsel.

In that month, Respondent also telephoned opposing counsel but his call was not returned. ¹⁷² In or around, March, 1984, Mrs. Remsburg paid the Respondent $750 toward his fee for representation in her domestic case. The Respondent failed to pursue any interim or pendente lite support for Mrs. Remsburg despite her requests that he do so. The Respondent met with Mrs. Remsburg on various occasions to discuss her case but failed to take any further action until she advised him of the pending foreclosure on the marital home in or around October, 1984. With the assistance of the Respondent, the Remsburgs were able to sell the home privately prior to foreclosure sale.

On or about October 24, 1984, the Respondent filed a Complaint for Divorce on behalf of Mrs. Remsburg. In November, 1984, Mrs. Remsburg gave the Respondent an additional $2,000 toward fees and costs of her divorce action. On or about November 1, 1985, when the divorce case was heard, the Respondent failed to produce any witnesses or expert testimony concerning the value of the business the parties had operated. The divorce was granted to the husband on his Cross-Complaint due to the failure to establish the allegations of Mrs. Remsburg’s Complaint.

The Respondent failed to take the necessary steps, pursuant to Title 8-203 of the Family Law Article, to reserve the issue of valuation of the business as marital property and to obtain a monetary award for Mrs. Remsburg. The Respondent advised Mrs. Remsburg that the valuation of the marital property would be subsequently determined and thereafter periodically indicated to her that “he was working on the matter.” The Respondent failed to take any further action to pursue that issue. The Respondent failed to provide any billings to his client or otherwise account for the $2,750 paid to him in this matter despite requests for such accountings but voluntarily returned $2,000 to the client in December, 1987. ¹⁷³ CONCLUSIONS OF LAW After reviewing the report of Jan Polissar, M.D., as submitted by Respondent’s counsel, it is this Court’s belief that the Respondent’s conduct in the underlying action was not a result of any physical or mental impairment. Respondent has been a practicing member of the Maryland Bar for more than ten (10) years.

It is noted that, notwithstanding the Court’s findings, the report by Dr. Polissar represents to the Court that Mr. Urisko suffers from alcoholism for which he is presently seeking treatment. The report further acknowledges that alcoholism did not create any obvious intellectual impairment, but rather that Mr. Urisko’s specific behavior in the case at question derives more from his own weakness in setting limits on the demands of clients. Needless to say, this behavior concerns the Court as it interferes with his ability to effectively and competently represent clients. Accordingly, the Court finds from the above facts that the Respondent did violate Disciplinary Rules 1-102(A)(4), 6-101(A)(2)(3), 7-101(A)(l)(2)(3), and 9-102(B)(3).

Disciplinary Rule 1-102 Misconduct: (A) A lawyer shall not: (4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Respondent violated this section by representing to Mrs. Remsburg that he was working on the valuation of the business as marital property when, in fact, such action was not taken. Disciplinary Rule 6-101 (A) A lawyer shall not: (2) Handle a legal matter without preparation adequate in the circumstances. (3) Neglect a legal matter