Attorney Grievance Commission v. Bonnin

451 A.2d 326, 294 Md. 507, 1982 Md. LEXIS 328
CourtCourt of Appeals of Maryland
DecidedOctober 21, 1982
DocketMisc. (BV) No. 1
StatusPublished
Cited by2 cases

This text of 451 A.2d 326 (Attorney Grievance Commission v. Bonnin) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Attorney Grievance Commission v. Bonnin, 451 A.2d 326, 294 Md. 507, 1982 Md. LEXIS 328 (Md. 1982).

Opinion

Per Curiam:

The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for Disciplinary Action, pursuant to Maryland Rule BV9, against Robbin James Bonnin, alleging violations of the Disciplinary Rules, of the Code of Professional Responsibility. The matter was referred to Judge John J. Mitchell of the Circuit Court for Montgomery County to make findings of fact and conclusions of law pursuant to Maryland Rule BV10. After an evidentiary hearing, Judge Mitchell made the following findings of fact and conclusions of law.1

"1. The Respondent was retained by Mr. and Mrs. Robert Yearick to handle the settlement of the property they were purchasing from S. M. Moyer Construction, Ltd.

"2. On September 6, 1977, the Respondent conducted the settlement of this matter.

"3. The Respondent was the secretary of the selling corporation during the course of his representation of the buyers.

[509]*509"4. Respondent failed to follow instructions he had received from the lender, First Federal Savings and Loan Association of Annapolis, thereby necessitating the return of certain documents to him for correction.

"5. These documents were returned by letter dated November 22, 1977, which advised Respondent that a balance was due and owing to the lender due to certain incorrect charges on the settlement sheet.

"6. Respondent received said letter on November 23, 1977, as evidenced by a signed, certified mail receipt for same. ,

"7. Respondent failed to make the necessary corrections.

"8. The checks originally drawn on the Respondent’s fiduciary account to the order of First Federal Savings and Loan were not negotiated and thus the funds due to the lender remained in the Respondent’s account until withdrawn by him.

"9. Said funds have never been properly disbursed.

"Conclusions of Law

"1. The Respondent violated: Disciplinary Rule 1-102 (A) (3) (4) (5) and (6) in that he misappropriated the proceeds of the settlement while acting in a fiduciary capacity, commingled them with his own, and has failed to properly disburse said funds. The misappropriation of the settlement proceeds entrusted to him constitutes conduct demonstrating moral turpitude, conduct involving dishonesty, fraud, deceit, or misrepresentation, conduct prejudicial to the administration of justice, and conduct reflecting adversely upon his fitness to practice law. Attorney Grievance Commission v. Pattison, 292 Md. 599, 441 A.2d 328 (1982); Attorney Grievance Commission v. Burka, 292 Md. 221, 438 A.2d 514 (1981).

"2. The Respondent violated: Disciplinary Rule 5-101 (A) in that he was retained by the Yearicks to handle the settlement of the property they were purchasing and at the same time he was secretary of the selling corporation.

"3. The Respondent violated: Disciplinary Rule 6-101 (A) (1) (2) and (3) in that he handled a legal matter without [510]*510adequate preparation, neglected a legal matter entrusted to him when he failed to properly complete the real estate settlement; and failed to associate himself with an attorney competent to handle such matters while he knew or should have known that he was not competent to handle it. Attorney Grievance Commission v. Bailey (II), 286 Md. 630, 408 A.2d 1330 (1979); Attorney Grievance Commission v. Bailey (1), 285 Md. 631, 403 A.2d 1261 (1979).

"4. The Respondent violated: Disciplinary Rule 7-101 (A) (2) and (3) in that he intentionally failed to carry out a contract of employment by his failure to properly complete the settlement, and this failure prejudiced his clients in that, inter alia, he recorded an incomplete deed of trust and made incorrect charges against his clients on the settlement sheet. Attorney Grievance Commission v. Bailey (II), supra; Attorney Grievance Commission v. Bailey (I), supra.

"5. The Respondent violated: Disciplinary Rule 9-102 (A) (1) and (2) and Article 10, Section 44, in that he withdrew the remaining proceeds of the settlement from his escrow account, commingled said funds with his own, converted them to his own use, and has failed to properly disburse said funds. Attorney Grievance Commission v. Boehm, 293 Md. 476, 446 A.2d 52 (1982); Attorney Grievance Commission v. Pattison, supra; Attorney Grievance Commission v. Burka, supra.

"Findings of Fact

"1. In 1975, the Respondent was retained by Jean L. Tharpe to represent her in obtaining a divorce.

"2. The Respondent drafted a separation agreement which was signed by the parties on February 27, 1975.

"3. In May, 1975, the Respondent filed a Bill of Complaint for Divorce on behalf of Mrs. Tharpe in the Circuit Court for Montgomery County, Maryland.

"4. In December, 1975, the Respondent represented Mrs. Tharpé at a Master’s hearing on her Bill of Complaint, and immediately subsequent to that hearing, he advised Mrs. Tharpe that she was now free to remarry.

[511]*511"5. Mrs. Tharpe remarried and later discovered that the divorce was never finalized.

"6. The Respondent failed to take the necessary steps to complete the divorce and obtain a final decree.

"7. The Respondent received notice from the Clerk, sometime after September 5, 1978, of a contemplated dismissal of said case under Rule 530 but failed to take action to prevent such dismissal.

"1. The Respondent violated: Disciplinary Rule 1-102 (A) (1) (4) (5) and (6) in that he misrepresented to his client that she was free to marry when in fact he knew the divorce had not been finalized and such action clearly is conduct that is prejudicial to the administration of justice and adversely reflects on his fitness to practice law. Attorney Grievance Commission v. Finnesey, 283 Md. 541, 391 A.2d 434 (1978).

"2. The Respondent violated: Disciplinary Rule 6-101 (A) (3) in that he neglected a legal matter entrusted to him by his failure to take the necessary steps to complete Mrs. Tharpe’s divorce and obtain a final decree even after notified of a contemplated dismissal of the case. Attorney Grievance Commission v. Bailey (II), 286 Md. 630, 408 A.2d 1330 (1979); Attorney Grievance Commission v. Pollack, 279 Md. 225, 369 A.2d 61 (1977).

"3.

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Related

Attorney Grievance Commission v. Howard
475 A.2d 466 (Court of Appeals of Maryland, 1984)

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Bluebook (online)
451 A.2d 326, 294 Md. 507, 1982 Md. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-bonnin-md-1982.