Attorney Grievance Comm'n of Md. v. Hodes, Misc. Docket AG No. 61
Decision Date | 23 December 2014 |
Docket Number | Misc. Docket AG No. 61 |
Parties | ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. MICHAEL C. HODES |
Court | Court of Special Appeals of Maryland |
The Respondent, Michael Carl Hodes, violated Rules 1.7, 1.15(d), 8.1(a), 8.4(a), (b), (c) and (d) of the Maryland Lawyers' Rules of Professional Conduct and Section 10-306 of the Business Occupations and Professions Article of the Maryland Code. Disbarment is the appropriate sanction when an attorney withdraws $270,000.00 from a deceased client's trust to pay personal debts, withdraws funds from a deceased client's bank account to pay for services not yet performed and testifies falsely under oath during the investigation by Bar Counsel.
Barbera, C.J. Harrell Battaglia Greene Adkins McDonald Cathell, Dale R. (Retired, Specially Assigned) JJ.
Opinion by Battaglia, J. Michael C. Hodes, Respondent, was admitted to the Bar of this Court on December 18, 1975. On October 29, 2013, the Attorney Grievance Commission, ("Petitioner" or "Bar Counsel"), acting pursuant to Maryland Rule 16-751(a),1 filed a "Petition For Disciplinary or Remedial Action" against Respondent related to his representation of Gloria S. Ominsky. Petitioner alleged that Respondent violated the following Maryland Rules of Professional Conduct ("Rule"): 1.7 (Conflict of Interest: General Rule),2Rule 1.15(d) (Safekeeping Property),3 8.1(a) (Bar Admission and Disciplinary Matters),4 8.4(a), (b), (c) and (d) (Misconduct),5 as well as Section 10-306 of the Business Occupations and Professions Article of the Maryland Code ( ).6
In an Order dated November 4, 2013, we referred the matter to Judge Vicki Ballou-Watts of the Circuit Court for Baltimore County for a hearing, pursuant to Maryland Rule16-757.7 Respondent was served with the Petition for Disciplinary or Remedial Action, our Order and the Writ of Summons on November 20, 2013, to which Respondent filed a timely response.
Judge Ballou-Watts held evidentiary hearings on March 4, 2014, March 5, 2014 and March 10, 2014. At the hearings, Bar Counsel presented testimony from individuals associated with Respondent's former law firm, Hodes, Pessin and Katz, P.A. (hereinafter"HPK"), to include Richard "Ricky" Adams, a paralegal, Donna Zurowski, one of Hodes's secretaries, and five attorneys, Kimberly Battaglia,8 Steven Allen, Kevin Bress, Helen Smith and Drake Zaharris. Hodes testified on his own behalf; he additionally called Lynn Lazzaro, his accountant, LeDonna Berman, a paralegal from his former law firm, Ellen Hodes, his wife, Donna Balanesi, his current secretary, and several character witnesses.
Bar Counsel introduced various documents, which were admitted into evidence, including Gloria S. Ominsky's Last Will and Testament, a Power of Attorney executed by her, an unexecuted Promissory Note, a Promissory Note Guaranty signed by the Respondent, correspondence between Ms. Ominsky and the Respondent, copies of numerous checks and copies of bank account statements. Respondent introduced various documents, which were admitted into evidence, including another copy of Gloria S. Ominsky's Last Will and Testament, a memorandum to the Ominsky file written by Richard Adams, bank account statements and Hodes's resume.
Judge Ballou-Watts issued Findings of Fact and Conclusions of Law in which she found, by clear and convincing evidence, that Respondent violated Rules 1.7, 1.15(d), 8.1(a),9 8.4(a), (b), (c) and (d) of the Maryland Lawyers' Rules of Professional Conductand Section 10-306 of the Business Occupations and Professions Article of the Maryland Code, all of which had been charged.
Judge Ballou-Watts's Findings of Fact and Conclusions of Law state:10
The Respondent was admitted to the Maryland Bar in December 1975. He is a 1975 graduate of the University of Baltimore School of Law. Respondent practiced law at several law firms throughout Maryland until he founded Michael Hodes, P.A. during the late 1980's. He developed a practice concentration in the areas of estates, trusts and what came to be recognized as elder law. Over time, the law firm he founded grew and became known as Hodes, Ulman, Pessin and Katz. Respondent served as Managing Partner of the law firm until 2007. Drake Zaharris succeeded Respondent as the Managing Partner and continues to serve in that capacity. When Attorney Lou Ulman left the practice, the firm was known as Hodes, Pessin and Katz, P.A. (hereinafter "HPK") until Respondent left the firm in May 2012. After his departure from HPK, Respondent established a new Towson-based firm known as "Michael Hodes, LLC."
Respondent has been recognized by several organizations for his skill and experience in the practice areas of elder law, estates and trusts and wealth preservation. He serves as an adjunct law professor at two area law schools and discusses elder law issues during weekly radio broadcasts. Respondent has also been associated with philanthropic efforts for local institutions including his law school alma mater, the University of Baltimore. During the evidentiary hearing, several witnesses testified that they trusted him, valued his advice and appreciated his professional service.
At all relevant times herein, until his departure from the firm in May 2012, Respondent practiced in HPK's "Wealth Preservation" Department. There were three sections within the Wealth Preservation Department, namely, Estate Planning, Probate and Trust Administration and Elder Law.
Events During 2009-2011
To continue reading
Request your trial