Attorney Grievance v. Silber

467 Md. 429

• Court: Court of Appeals of Maryland
• Decided: February 28, 2020
• Docket: 66ag/19
• Status: Published

Opinion

ATTORNEY GRIEVANCE COMMISSION * IN THE OF MARYLAND * COURT OF APPEALS

v. * OF MARYLAND

* Misc. Docket AG No. 66, LEWIS MAURICE SILBER * September Term, 2019

ORDER

WHEREAS, the parties have filed an Amended Joint Petition for Disbarment by

Consent pursuant to Maryland Rule 19-736;

WHEREAS, in the Amended Joint Petition, Respondent Lewis Maurice Silber

admits that, if a hearing were held, there would be sufficient evidence to prove that he

misappropriated client and third-party funds and thereby violated Rules 1.15(a) and (d),

and 8.4(c) and (d) of the Maryland Attorneys’ Rules of Professional Conduct;

WHEREAS, in the Amended Joint Petition, Mr. Silber contends that the

misappropriation was unintentional and the result of poor accounting practices, but

nonetheless acknowledges that there is a sufficient factual basis for concluding that he

violated Rule 8.4(c) (dishonesty);

WHEREAS, this Court has not recognized negligent misappropriation as a basis

for finding a violation of Rule 8.4(c) and therefore understands Mr. Silber to be

acknowledging that there is sufficient evidence to prove intentional misappropriation in

violation of Rule 8.4(c); WHEREAS, upon consideration of the Amended Joint Petition, it is this 28th day

of February, 2020,

ORDERED, by the Court of Appeals of Maryland, that the Respondent, Lewis

Maurice Silber, be, and hereby is, disbarred from the practice of law in the State of

Maryland, and it is further

ORDERED, that the disbarment of Respondent shall not become effective until 120

days from the date of this Order, so long as Respondent complies with the Monitoring

Agreement attached to the Amended Joint Petition; and it is further

ORDERED, that upon the date of disbarment, the Clerk of this Court shall remove

the name of Lewis Maurice Silber from the register of attorneys in this Court and certify

that fact to the Trustees of the Client Protection Fund of the Bar of Maryland and all Clerks

of all judicial tribunals in this State in accordance with Maryland Rule 19-736(d).

/s/ Mary Ellen Barbera Chief Judge Pursuant to Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic.

2020-02-28 12:06-05:00

Suzanne C. Johnson, Clerk