Attorney Grievance Commission v. Mazelis

522 A.2d 913, 309 Md. 50, 1987 Md. LEXIS 203
CourtCourt of Appeals of Maryland
DecidedMarch 24, 1987
DocketMisc. (Subtitle BV) No. 42
StatusPublished
Cited by1 cases

This text of 522 A.2d 913 (Attorney Grievance Commission v. Mazelis) 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. Mazelis, 522 A.2d 913, 309 Md. 50, 1987 Md. LEXIS 203 (Md. 1987).

Opinion

PER CURIAM:

The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against Morris Mazelis, alleging violations of the disciplinary rules of the Code of Professional Responsibility. We referred the matter, pursuant to Maryland Rule BY9 b, to Judge Arrie W. Davis of the Circuit Court for Baltimore City, to make findings of fact and conclusions of law. After conducting an evidentiary hearing, Judge Davis filed findings and conclusions as follows:

“The Respondent was admitted to the practice of law in the State of Maryland by this Court June 12, 1952. In 1983, he was retained by one Sally Lilly to represent her in a personal injury case. Subsequently, on or about September 1, 1983, Ms. Lilly’s case was settled and the Respondent received a draft in the amount of $12,968.10 from the insurance company in settlement of her claim. Medical bills reflecting treatment received by Ms. Lilly for the period from May 5, 1983 to August 8, 1983 totaling $835.00 was admitted as Petitioner’s Exhibit # 4 on September 15, 1986. Respondent had deposited a settlement check into his escrow account; however, examination of his escrow account indicates that the monies received in settlement of the case were drawn by drafts for personal and/or business purposes. The settlement check received by Respondent included an amount intended to cover the bill of one Harry Brafmann. He testified that his bill was to be paid in full at the time the case was settled. As was the case with the amounts owed to Dr. Felsenberg, Mr. Brafmann was likewise never paid from the proceeds of the settlement. Ultimately Ms. Lilly was obliged to pay the $160.00 bill herself. [52]*52The evidence further reveals that Respondent charged Ms. Lilly one fourth of her personal injury protection benefits.

“Respondent was retained in 1983 to represent Towanda Hill in her claim for personal injuries. Respondent received a draft in the amount of $2,300.00 in full settlement of her claim on or about June 17, 1983; said draft was thereafter deposited in Respondent’s escrow account on or about June 17, 1983. Sometime prior to June 17, 1983 Respondent had received medical bills in the amount of $175.00 reflecting treatment administered by Dr. Felsenberg and $110.00 for treatment by Harry Brafmann. The said amounts due the health care providers was withheld from the funds received but was never remitted to Dr. Felsenberg or Harry Brafmann. The Client, Ms. Hill, did receive a total of $959.84 from the $2,300.00 settlement check.

“Richard Bauer, Jr. testified that he examined the bank records and that they revealed no payments to the medical care providers from the Respondent’s escrow account from June to September of 1983. Additionally, Dr. Felsenberg testified that the Respondent failed to pay him anything in connection with the Towanda Hill case. After unsuccessful attempts to obtain payment, Harry Brafmann resorted to billing Towanda Hill directly and received his payment from her.

“In 1982, Respondent was retained by Jeannie Falls on behalf of her son Rodney Brown, a minor, and was successful in settling Mr. Brown’s claim for $2,000.00, receiving a settlement draft in that amount dated December 16, 1982. Respondent received an additional draft for economic loss benefits on the same date in the amount of $270.00. The settlement sheet prepared by Respondent reflected, however, a total settlement of $2,270.00 indicating that he had combined the economic loss benefits received with the proceeds representing the -settlement. Prior to the receipt of the settlement draft dated December 16, 1982, Respondent had received medical bills reflecting treatment rendered by Dr. Felsenberg to Rodney Brown in the amount of $255.00. Again, no payment was made to Dr. Felsenberg out of the [53]*53settlement check, a portion of which was remitted for that purpose. Rodney Brown’s mother, Jeannie Falls, received $1,018.33 of the $2,270.00 received by Respondent.

“In-1983, Respondent was retained by Elizabeth Carter in connection with claims arising out of personal injuries she had sustained. Her case was settled in December, 1983 and the Respondent received $3,900.00 in settlement from the insurance carrier. Respondent’s settlement sheet indicates that Dr. Felsenberg submitted a bill in the amount of $685.00, Mr. Brafmann submitted a bill of $175.00, and Dr. Ulgen submitted a bill in the amount of $70.00. Dr. Felsenberg testified that his bill of $685.00 was never paid; likewise, Mr. Brafmann testified that his $175.00 bill for treatment to Ms Carter was never paid. That portion of the settlement proceeds received by Respondent was converted to his own personal use.

“In 1983, Sherman Carter retained Respondent in connection with personal injuries he sustained. The settlement sheet regarding Carter’s case indicated a deduction for the payment of Dr. Felsenberg’s bill of $485.00; however, despite receipt of a bill from Dr. Felsenberg, the latter was never paid for the treatment rendered to Sherman Carter. Again, the funds earmarked for the payment of bills for medical treatment for Mr. Carter were converted by Respondent to his own personal use.

“In 1983, Jacquelyn Reynolds retained Respondent to represent her with regard to her claim arising from personal injuries she received. In September of 1983, Respondent received a settlement draft in the amount of $3,000.00 as reflected on his settlement sheet. The Respondent deducted $625.00 for the payment of Dr. Felsenberg’s bill and $120.00 for the payment of Mr. Brafmann’s bill; however, as in the prior cases, Respondent converted those funds earmarked for the medical care providers to his own use.

“According to the testimony of Dr. Felsenberg, Respondent advised him that he could not pay the bills submitted to Respondent because he “just didn’t have the money” and [54]*54that he had incurred heavy gambling debts. A pattern evolved wherein Respondent consistently advised Mr. Brafmann that he would be paid at some future point in time. The aforegoing facts are a compilation of the admissions made pursuant to the Request for Admissions of Fact of Petitioner and the testimony presented at the hearing in this Court. The only evidence offered of payment on the part of Respondent is contained in a release submitted on September 15, 1986 as Respondent’s Exhibit # 3 which recites the discharge of Respondent from any further civil liability growing out of Stanley Z. Felsenberg, M.D. v. Morris Mazelis, Circuit Court For Baltimore City, Case No. 84326047 C.L. 27874, appeal having been taken as Morris Mazelis v. Stanley Z. Felsenberg, M.D., Court of Special Appeals, No. 85, September Term 1986. According to the testimony of Dr. Felsenberg, the $30,000.00 set forth in the release represented less than one third of the fees actually due him over the period of time Dr. Felsenberg had been referring clients. When asked on cross-examination why he accepted the $30,000.00 payment in settlement of the civil case filed against Respondent, Dr. Felsenberg responded:

“I wasn’t happy doing that. I was given a much lower settlement figure first, but when I got up to this point, on the advice of my attorneys, they said you would be smart to take it and run because by the time Mr. Mazelis finished with all these proceedings he would be no longer earning a living, I might not get anything. And I always believed in listening to my attorneys, especially Russell Smouse who I greatly respect.” (T.56-9/15/86)

“Dr.

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Bluebook (online)
522 A.2d 913, 309 Md. 50, 1987 Md. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-mazelis-md-1987.