Attorney Grievance Com'n of Maryland v. Rosen, 5

Decision Date01 September 1984
Docket NumberNo. 5,5
Citation301 Md. 37,481 A.2d 799
PartiesATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Sol Zalel ROSEN. Misc. Docket (Subtitle BV)
CourtMaryland Court of Appeals

Oral argument for appellant and appellee waived.

Submitted to MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and JAMES C. MORTON, Jr., Associate Judge of the Court of Special Appeals (retired), Specially Assigned.

PER CURIAM:

The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against Sol Zalel Rosen, alleging that he violated the following disciplinary rules of the Code of Professional Responsibility:

DR 4-101(B)(1) (A lawyer shall not knowingly "[r]eveal a confidence or secret of his client.");

DR 6-101(A)(3) (A lawyer shall not "[n]eglect a legal matter entrusted to him."); and

DR 7-101(A)(1) (A lawyer shall not intentionally "[f]ail to seek the lawful objectives of his client through reasonably available means ....").

We referred the matter, pursuant to Maryland Rule BV9 b, to Judge Raymond G. Thieme, Jr. of the Circuit Court for Anne Arundel County to make findings of fact and conclusions of law.

Judge Thieme observed that, as alleged in the disciplinary petition, the respondent had earlier been charged with the identical disciplinary infractions in the District of Columbia and had been suspended from the practice of law in that jurisdiction by the District of Columbia Court of Appeals for six months, beginning March 8, 1984. See Matter of Rosen, 470 A.2d 292 (1983). Judge Thieme noted that under Maryland Rule BV10 e 1 the final adjudication of respondent's misconduct by the District of Columbia Court of Appeals "is conclusive proof of the misconduct in the hearing of charges pursuant to this Rule." 1

Neither party took exceptions to Judge Thieme's findings and conclusions. Bar Counsel has recommended that the respondent be suspended for six months. The respondent, while not disagreeing with Bar Counsel's recommendation, urges that the period of suspension be concurrent with that imposed by the District of Columbia Court of Appeals, i.e., to date from March 8, 1984. In this connection, the respondent avers that upon his suspension in the District of Columbia, he closed his law practice and has not practiced in any jurisdiction as of March 8, 1984.

After careful consideration, and accepting Judge Thieme's findings, we conclude that respondent should be suspended from the practice of law in Maryland for six months, commencing from the date of the filing of the opinion in this case. Prior to termination of the suspension, the respondent...

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