BATTAGLIA, J.
The Attorney Grievance Commission of Maryland ("Petitioner" or "Bar Counsel"), acting through Bar Counsel and pursuant to Maryland Rule 16-751(a),1 filed a petition for disciplinary or remedial action against Respondent, Ada Elizabeth Cherry-Mahoi, on September 15, 2004. The Petition alleged that Respondent, who was admitted to the Bar of this Court on December 18, 1990, violated several Maryland Rules of Professional Conduct ("MRPC"), specifically, 1.1 (Competence),2 1.3 (Diligence),3 1.4 (Communication),4 1.5 (Fees),5 1.15 (Safekeeping Property),6 1.16(d) (Declining or Terminating Representation),7 8.1 (Bar Admission and Disciplinary Matters),8 8.4 (Misconduct),9 Maryland Rule 16-606 (Name and Designation of Account),10 Maryland Rule 16-609 (Prohibited Transactions),11 and Section 10-306 of the Business Occupations and Professions Article of the Maryland Code (2000, 2004 Repl.Vol.) (Misuse of Trust Money).12
In accordance with Maryland Rules 16-752(a) and 16-757(c),13 we referred the petition to Judge Mickey J. Norman of the Circuit Court for Baltimore County for an evidentiary hearing and to make findings of fact and conclusions of law. On February 2, 2005, Judge Norman held a hearing and on March 10, 2005, issued Findings of Fact and Conclusions of Law, in which he found, by clear and convincing evidence, that Cherry-Mahoi had violated MRPC 1.3, 1.5, 1.15(a) and (b), 1.16(d),14 8.1, 8.4, Maryland Rules 16-606 and 16-609, and Section 10-306 of the Business Occupations and Professions Article:
Background
"This matter arises from the Respondent's representation of Ms. Clark and her two children who were victims in a personal injury automobile accident. In May 2002, the Respondent settled the claims, received settlement funds and distributed the proceeds to the parties. The Respondent also received and was to hold in trust, personal injury protection funds (PIP) to pay certain unpaid medical providers. Ms. Clark did not immediately authorize the payment of those medical expenses. In October 2002, when those same medical expenses were to be paid, because the Respondent had depleted funds from her trust account, there were insufficient funds in the Respondent's account to satisfy the outstanding medical bills. The Respondent deposited personal funds into her trust account in order to pay the medical bills when they came due. Ms. Clark filed a complaint with the Attorney Grievance Commission. As a result of their investigation the Respondent has been charged with violating the Rules of Professional Conduct.
Findings of Fact
"The Petitioner alleges that the Respondent was admitted as a member of the Bar of this Court on December 18, 1990 (¶, 2) and (T. 27, lines 21-22).1 She testified that the majority of her legal work had been in public interest law starting with the Maryland Disability Law Center (T. 59, line 5). From there, she went into private practice for two years and also, on a contractual basis, represented clients for the Public Defender's office (T. 58). Primarily she has worked as a subcontractor for a private attorney who represented children, who were, or alleged to have been, abused and neglected (T. 49, lines 13-16). While working as a subcontractor, the Respondent also maintained an office for the practice of law at 9722 Groffs Mill Drive, Suite 116, Owings Mills, Maryland 21117(¶ 2). However, on her attorney trust account, which is improperly labeled IOLTA, she lists an address of 220 E. Lexington Street, Suite 904, Baltimore, Maryland XXXXX-XXXX. The Respondent testified that, around the time of the incident, which gave rise to the petition, she did not have an active private practice (T. 46, lines 6-9), and in July 2002, she was making an effort to eliminate her private practice of law (T. 51, lines 17-25).
1 The Respondent also said that she had been practicing since December 1989 (T.58, line 5).
"In the Petition for Disciplinary or Remedial Action, Petitioner asserts that Respondent engaged in professional misconduct, as defined by Maryland Rule 16-701(I). This allegation arises from the Complaint filed by Mary Emma Clark who the Respondent represented. The Respondent filed an Answer admitting some of the factual allegations but generally denied any intentional wrongdoing. In its findings of fact, the Court incorporates the allegations listed in this Complaint, outlined by Petitioner in ¶ 4-16 of the Petition for Disciplinary or Remedial Action. At the hearing before the Court, the Petitioner called both the Respondent and John DeBone to testify. The Respondent also testified on her behalf.
"As alleged in the complaint of Mary Clark, and in accordance with the Respondent's own admission, the Court finds as a fact that the Respondent represented Mary Emma Clark and her two children, Rashaad and Ebony Kelly (hereinafter, "Clark case"). That representation sought compensation for injuries arising out of an automobile accident. The case was settled in May 2002 (T. 28, lines 1-10).
"By her own admission, during May 2002, the Respondent settled the Clark case for an aggregate amount of $11,000.00 (¶ 5) (T. 28, lines 14-15). On May 15, 2002, the Respondent deposited that settlement check, into her escrow account, which she improperly labeled "IOLTA" (¶ 6). The Respondent admitted at trial that the account in which she deposited the settlement funds was labeled IOLTA (T. 29, lines 1-3). However, she denies culpability stating she was not familiar with setting up and maintaining escrow accounts (T. 59 line 24 to T. 60 line 3). The Respondent testified that she went to Provident Bank, explained her need to establish an attorneys escrow account in compliance with the IOLTA rules, and the account was improperly titled by the bank employee who set up the account. The Respondent claims that she relied on the experience of Provident Bank employees and therefore believed that it was permissible for an attorney trust account to carry that title (T. 43, lines 2-19).
"The Respondent admitted, that in addition to receiving the settlement check in the Clark case, Government Employees Insurance Company (GEICO) also issued personal injury protection (PIP) checks to be paid to the Respondent's clients. These checks were forwarded to the Respondent in May 2002(¶ 7). In her answers the Respondent admitted that on or about May 24, 2002, she deposited $4,019.75 representing the PIP benefits into her escrow account. Again on May 28, 2002, the Respondent deposited an additional $117.35 in PIP benefits into that same account (¶ 8). These admissions were corroborated by the testimony of John DeBone a paralegal for the Attorney Grievance Commission. Mr. DeBone has worked for the Attorney Grievance Commission for ten years. His responsibilities include performing attorney trust account analysis, and the attorney trust overdraft program on overdrafts of attorney trust accounts (T. 8, lines 13-23). Mr. DeBone reviewed the Respondent's bank records and prepared a spreadsheet (Petitioner's exhibit 2) analysis of her attorney trust account (T. 9, lines 1-5).
"Mr. DeBone testified that he reviewed Ms. Cherry-Mahoi's escrow account and the related bank records, and confirmed that during May 2002, GEICO issued PIP checks for Ms. Clark and her two children, totaling four thousand, one hundred and thirty-seven dollars and ten cents ($4,137.10) from deposits on the two dates listed above (T. 15, lines 12-16).
"Furthermore, the Respondent testified that, in May 2002, she received PIP benefits on behalf of the Clark family, which she deposited in her trust account (T. 28, lines 16-20). Copies of the Respondent's Provident Bank Records were admitted into evidence (Petitioners exhibit 1, sub-exhibit 8).
"Petitioner alleges that, although the money was deposited into Respondent's account, the Respondent failed to notify Ms. Clark of the receipt of the personal injury protection payments from GEICO (¶ 9). Respondent denies this allegation. The respondent testified that: "I had shared with [Ms. Clark] that I had received the checks from her PIP provider... she told me not to pay the bills because the bills had already been paid." (T. 44, lines 19-23). A review of the personal injury settlement sheets, which were signed by Ms. Clark (sub-exhibits 1-3 of Petitioner's exhibit 1), delineates the PIP funds. The Court finds that the Petitioner has not proven that the Respondent failed to notify Ms. Clark that she had received personal injury protection payments.
"The Petitioner also alleges that the Respondent endorsed the checks in her client's name prior to their deposit. This allegation is corroborated by Petitioner's exhibit 1, sub-exhibit 8. The GEICO PIP checks made out to Mary E. Clark, and those made out to her as guardian of Ebony and Rashaad Kelly, were endorsed in Mary Clark's and Ada Cherry-Mahoi's names by Respondent.
"Petitioner claims that the Respondent failed to make timely payments to medical providers from the funds she maintained in trust for that purpose (¶ 10), and the Respondent failed to maintain funds in trust for the payment of medical providers prior to the payment of said providers (¶ 11). The Provident Bank records (Petitioner's exhibit 1, sub-exhibit 8), and the spreadsheet prepared by Mr. DeBone (Petitioner's exhibit 2), reveal that between May 2002 and the end of September 2002, the Respondent converted funds from her trust account to her personal use. The Respondent does not deny these facts, however she denies any intentional fraud
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