Thursday, February 23, 2017

Disbarment For Theft Conviction

The Maryland Court of Appeals issued an opinion explaining its earlier-imposed order of disbarment of an attorney convicted of felony theft from a client.

In early 2011, Dr. Tsai hired Respondent to assist him in his claim for disability benefits from his insurer, Penn Mutual (the "Penn Mutual Case"). Sweitzer, slip op. at 2. Respondent agreed to the representation for a flat fee of $4,000, which Dr. Tsai paid. Id. Dr. Tsai’s claim was premised on the medical opinion of Dr. Gerwin, who eventually reversed his medical opinion and concluded that Dr. Tsai was not totally disabled. Id. As a result, Respondent urged Dr. Tsai to settle the Penn Mutual case and pursue a possible claim against Dr. Gerwin. Id.

Meanwhile, Nu Image, a film company, filed a copyright claim against Dr. Tsai, alleging that he illegally downloaded movies from the internet (the "Nu Image Case"). Id. Respondent also represented Dr. Tsai in that matter for a flat fee of $1,000, which Dr. Tsai paid. Id. at 2-3. When Respondent informed Dr. Tsai that Nu Image indicated its willingness to settle the case for $2,000, Dr. Tsai sent Respondent $2,000 to settle the case. Id. at 3. Respondent did not settle the case, nor did he return the $2,000 to Dr. Tsai. Id. at 7. Dr. Tsai employed another attorney to settle the Nu Image Case but was unable to recover his $2,000 from Respondent. Id.

In early 2012, Respondent informed Dr. Tsai that Penn Mutual would settle its case for $40,000-$50,000. Id. at 3. Eventually, Dr. Tsai agreed to settle for $54,000, and the settlement agreement was executed on May 21, 2012. Id. Per the terms of the settlement agreement, Penn Mutual sent Respondent the settlement funds. Id. The disbursement sheet Respondent sent to Dr. Tsai indicated that Dr. Tsai was to receive $54,881.93. Id. Over the following months, Dr. Tsai made "repeated attempts to get his settlement proceeds" from the Penn Mutual Case. Id. During that time, Respondent exhibited a "collection of excuses and [a] litany of impediments that allegedly prevented him from delivering Dr. Tsai’s funds." Id. Respondent never paid Dr. Tsai the $54,881.93 in settlement proceeds from the Penn Mutual Case. Id. at 4-7.

Sanction

In the present case, Respondent exhibited intentionally dishonest behavior in committing theft against his client. Indeed, Respondent was convicted of felony theft of his client’s funds, an act that was perpetuated by Respondent’s falsehoods and misrepresentations made to his client. Despite having the opportunity to do so, Respondent did not present to the hearing judge any facts or circumstances that arguably would mitigate his conduct, let alone did he offer to the hearing judge or, for that matter, this Court, compelling circumstances that would lead us to impose a lesser sanction. Respondent’s misconduct is deserving of the ultimate sanction.

The court entered its order after the attorney failed to appear for oral argument. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2017/02/the-maryland-court-of-appeals-issued-an-opinion-explaining-its-earlier-imposed-order-of-disbarment-of-an-attorney-convicted-o.html

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