Attorney Grievance Commission of Maryland v. Kahn, Docket No. 15
Citation | 290 Md. 654,431 A.2d 1336 |
Decision Date | 15 July 1981 |
Docket Number | Docket No. 15 |
Parties | ATTORNEY GRIEVANCE COMMISSION OF MARYLAND, Petitioner, v. Richard Stephen KAHN, Respondent. Misc. |
Court | Court of Appeals of Maryland |
Joseph F. Murphy, Jr., Towson, for respondent.
Walter D. Murphy, Jr., Asst. Bar Counsel, Annapolis, for petitioner.
Argued before MURPHY, C. J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.
The Attorney Grievance Commission, acting through Bar Counsel, filed a Petition for Disciplinary Action against Richard Stephen Kahn, alleging violations of the following provisions of the Disciplinary Rules of the Code of Professional Responsibility:
"DR 1-102 Misconduct.
(A) A lawyer shall not:
(1) Violate a Disciplinary Rule.
(3) Engage in illegal conduct involving moral turpitude.
(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
(5) Engage in conduct that is prejudicial to the administration of justice.
(6) Engage in any other conduct that adversely reflects on his fitness to practice law.
"DR 1-103 Disclosure of Information to Authorities.
"DR 2-103 Recommendation of Professional Employment.
(C) A lawyer shall not compensate or give anything of value to a person or organization to recommend or secure his employment by a client, or as a reward for having made a recommendation resulting in his employment by a client, except that he may pay the usual and reasonable fees or dues charged by any of the organizations listed in DR 2-103(E).
(D) A lawyer shall not request a person or organization to recommend or promote the use of his services or those of his partner or associate, or any other lawyer affiliated with him or his firm, as a private practitioner, except that:
(1) He may request referrals from a lawyer referral service operated, sponsored, or approved by a bar association and may pay its fees incident thereto.
(2) He may cooperate with the legal services of any of the offices or organizations enumerated in DR 2-103(E)(1) through (4) and may perform legal services for those to whom he was recommended by it to do such work if:
(a) The person to whom the recommendation is made is a member or beneficiary of such office or organization; and
(b) The lawyer remains free to exercise his independent professional judgment on behalf of this client.
"DR 6-101 Failing to Act Competently.
(A) A lawyer shall not:
(3) Neglect a legal matter entrusted to him.
"DR 7-101 Representing a Client Zealously.
(A) A lawyer shall not intentionally:
(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).
"DR 7-102 Representing a Client Within the Bounds of the Law.
(3) Conceal or knowingly fail to disclose that which he is required by law to reveal.
(4) Knowingly use perjured testimony or false evidence.
(5) Knowingly make a false statement of law or fact.
(6) Participate in the creation or preservation of evidence when he knows or it is obvious that the evidence is false.
(7) Counsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent.
"DR 9-102 Preserving Identity of Funds and Property of a Client.
(3) Maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to his client regarding them."
We referred the matter, pursuant to Maryland Rule BV9 b, to J. Harold Grady, the Chief Judge of the Supreme Bench of Baltimore City, to make Findings of Fact and Conclusions of Law. After conducting an extensive evidentiary hearing, Judge Grady filed detailed findings and conclusions as follows:
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