Attorney Grievance Commission v. Urisko

550 A.2d 370, 314 Md. 170, 1988 Md. LEXIS 151
CourtCourt of Appeals of Maryland
DecidedNovember 29, 1988
DocketMisc. (Subtitle BV) No. 29
StatusPublished
Cited by1 cases

This text of 550 A.2d 370 (Attorney Grievance Commission v. Urisko) 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. Urisko, 550 A.2d 370, 314 Md. 170, 1988 Md. LEXIS 151 (Md. 1988).

Opinion

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]*172In 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]*173CONCLUSIONS 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 entrusted to him. Disciplinary Rule 7-101
(A) A lawyer shall not intentionally:
[174]*174(1) Fail to seek the lawful objectives of his client through reasonably available means permitted by law and the Disciplinary Rules, except as provided by DR 7-101(B). A lawyer does not violate this Disciplinary Rule, however, by acceding to reasonable requests of opposing counsel which do not prejudice the rights of his client, by being punctual in fulfilling all professional commitments, by avoiding offensive tactics, or by treating with courtesy and consideration all persons involved in the legal process.
(2) Fail to carry out a contract of employment entered into with a client for professional services, but he may withdraw as permitted under DR 2-110, DR 5-102, and DR 5-105.
(3) Prejudice or damage his client during the course of the professional relationship, except as required under DR 7-102(B).

Respondent failed to adequately prepare Mrs. Rems-burg’s divorce hearing regarding the issue of valuation of the business, in that he failed to produce any witnesses or expert testimony concerning its value. Furthermore, Respondent neglected Mrs. Remsburg’s domestic case by failing to pursue any interim or pendente lite support, by failing to take the necessary steps in reserving the issue of valuation regarding the business for purposes of obtaining a monetary award, and by failing to pursue the issue of valuation and monetary award after the divorce was granted. As a result of Respondent’s inactions in his preparation of litigation during the course of the proceeding, he prejudiced his client’s ability to seek anticipated relief.

DR 9-102 Preserving Identity of Funds and Property of a Client.

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Bluebook (online)
550 A.2d 370, 314 Md. 170, 1988 Md. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-urisko-md-1988.