Attorney Grievance Commission v. Mungin

96 A.3d 122, 439 Md. 290, 2014 WL 3556061, 2014 Md. LEXIS 424
CourtCourt of Appeals of Maryland
DecidedJuly 18, 2014
Docket88ag/12
StatusPublished
Cited by24 cases

This text of 96 A.3d 122 (Attorney Grievance Commission v. Mungin) 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. Mungin, 96 A.3d 122, 439 Md. 290, 2014 WL 3556061, 2014 Md. LEXIS 424 (Md. 2014).

Opinions

WATTS, J.

This attorney discipline proceeding concerns a Maryland lawyer who: (1) negligently mishandled his attorney trust account in connection with nine separate client matters; (2) withdrew cash from his attorney trust account on three separate occasions; and (3) failed to properly account for and disburse settlement funds in a prompt fashion.

Vaughn Miles Mungin (“Mungin”), Respondent, a member of the Bar of Maryland, was retained by various clients in personal injury cases, all of which were settled pursuant to agreements. On March 22, 2011, Capital One, N.A. (“Capital One”), the holder of Mungin’s attorney trust account, notified the Attorney Grievance Commission of Maryland (“the Commission”), Petitioner, that a check in the amount of $2,000 had been presented without sufficient funds present in the attorney trust account, resulting in an overdraft in the amount of $1,548.84.

On February 26, 2013, on the Commission’s behalf, Bar Counsel filed in this Court a “Petition for Disciplinary or Remedial Action” against Mungin, charging him with violating Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”) 1.1 (Competence), 1.15 (Safekeeping Property), 8.4(b) (Criminal Act), 8.4(c) (Dishonesty, Fraud, Deceit, or Misrepresentation), 8.4(d) (Conduct That Is Prejudicial to the Administration of Justice), and 8.4(a) (Violating the MLRPC), Maryland Rule 16-607 (Commingling of Funds), Maryland Rule 16-609 (Prohibited Transactions), and Md.Code Ann., [295]*295Bus. Occ. & Prof. (1989, 2010 Repl.Vol.) (“BOP”) § 10-306 (Trust Money Restrictions).

On March 12, 2013, we designated the Honorable Crystal Dixon Mittelstaedt (“the hearing judge”) of the Circuit Court for Prince George’s County to hear this attorney discipline proceeding. On July 8 and 25, 2013, the hearing judge conducted a hearing. On October 18, 2013, the hearing judge filed in this Court findings of fact and conclusions of law, concluding that Mungin had violated MLRPC 1.1, 1.15(a), 1.15(d), 8.4(d), and 8.4(a), Maryland Rule 16-609(a)-(c), and BOP § 10-306, but had not violated MLRPC 8.4(b) or MLRPC 8.4(c).1

On June 4, 2014, we heard oral argument. For the below reasons, we indefinitely suspend Mungin from the practice of law in Maryland with the right to apply for reinstatement after six months.

BACKGROUND

In her opinion, the hearing judge found the following facts, which we summarize.

On March 7, 2005, this Court admitted Mungin to the Bar of Maryland. In 2006, Mungin became a solo practitioner and opened an office in Greenbelt, Maryland. On or about March 21, 2011, Mungin presented a check in the amount of $2,000, drawn on his attorney trust account, for payment to Capital One, the holder of his attorney trust account. Presentment of the check caused an overdraft of the attorney trust account in the amount of $1,548.84.

On or about April 7, 2011, Mungin received from Bar Counsel a certified letter requesting an explanation for the overdraft. On August 30, 2011, Bar Counsel subpoenaed Mungin’s attorney trust account records for the period be[296]*296tween May 1, 2009, and June 30, 2011. The records revealed that, in May 2010, Mungin made three cash withdrawals from his attorney trust account totaling $500: one withdrawal of $100 in cash and two withdrawals of $200 in cash. Bar Counsel discovered that Mungin had mishandled his attorney trust account in connection with nine separate client matters.

Trina Coore Matter

On May 11, 2009, Mungin deposited into his attorney trust account a check in the amount of $8,000 on behalf of his client, Trina Coore (“Coore”), received pursuant to a settlement in Coore’s personal injury case. Of the settlement funds, $1,743.83 was to be paid to Coore’s medical providers, and $2,665 comprised Mungin’s attorney’s fees. Specifically, $1,146 was to be paid to Physiotherapy Associates, $561.09 was to be paid to Doctor’s Community Hospital, and $36.74 was to be paid to Doctor’s Community Hospital/ER Division. On May 13, 2009, Mungin transferred $5,000 in funds from his attorney trust account to his operating account. On May 20, 2009, Mungin issued to Coore a check in the amount of $3,219.90, drawn on Mungin’s attorney trust account.

In June 2009, Mungin failed to maintain $1,743.83 in the attorney trust account for the outstanding balances owed to Coore’s medical providers. On June 9, 2009, Mungin’s attorney trust account balance fell to $565. On June 24, 2009, Mungin was out of trust2 in the Coore matter, and Mungin’s attorney trust account balance fell to $28.75.

On July 7, 2009, Mungin issued a second check to Coore in the amount of $451.97, drawn on Mungin’s attorney trust account. On the same day, Coore and Mungin signed Coore’s settlement report, which stated: “I hereby approve the entire settlement and distribution made herein and assume full responsibility for all bills incurred by me in connection with this accident not listed above[.]” (Capitalization omitted). Coore’s settlement report also stated: “Amended Settlement because [297]*297of Doctor’s Community Hospital partial payment bill.” The settlement report listed the partial payment to Doctor’s Community Hospital as $109.12.

On July 14, 2009, Mungin issued checks to Coore’s medical providers on Coore’s behalf in the following amounts: $1,146 to Physiotherapy Associates; $109.12 to Doctor’s Community Hospital; and $36.74 to Doctor’s Community Hospital/ER Division. The check issued to Doctor’s Community Hospital on Coore’s behalf was mistakenly issued in the amount of $109.12, instead of $561.09. Mungin did not pay the remaining balance of $451.97 owed to Doctor’s Community Hospital; and the second check to Coore on July 7, 2009, in the amount of $451.97, was issued in error and should have been issued to Doctor’s Community Hospital instead.

Bruce Joyner Matter

On June 29, 2009, Mungin deposited into his attorney trust account a check in the amount of $7,200 on behalf of his client, Bruce Joyner (“Joyner”), received pursuant to a settlement in Joyner’s personal injury case. Of the settlement funds, $4,678.32 was to be paid to Joyner’s medical providers, and $2,258.68 comprised Mungin’s attorney’s fees. Specifically, $142.32 was to be paid to Laurel Regional Hospital Emergency Room, $299 was to be paid to Laurel Regional Hospital Doctors Visit, and $4,237 was to be paid to New Carrollton Therapy Center. On June 29, 2009, Joyner and Mungin signed Joyner’s settlement report, which stated: “I hereby approve the entire settlement and distribution made herein and assume full responsibility for all bills incurred by me in connection with this accident not listed above.” (Capitalization omitted). Joyner’s settlement report listed distributions to the three medical providers, even though the liens were not satisfied until February 2010.

On July 6, 2009, Mungin issued to Joyner a check in the amount of $3,500, drawn on his attorney trust account. On October 22, 2009, Mungin issued to Joyner a second check in the amount of $298 as reimbursement of funds that Joyner had paid to an emergency room.

[298]*298Between June 29, 2009, and December 11, 2009, Mungin transferred funds from his attorney trust account to his operating account. On December 11, 2009, Mungin’s attorney trust account balance fell to - $4.92. Mungin was out of trust in the Joyner matter.

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Bluebook (online)
96 A.3d 122, 439 Md. 290, 2014 WL 3556061, 2014 Md. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-mungin-md-2014.