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IN THE COURT OF APPEALS OF MARYLAND Misc. Docket AG No. 33 September Term, 2003

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. DIMITRI G. DASKALOPOULOS

Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene JJ.

Opinion by Bell, C.J.

File:

October 13, 2004

The Attorney Grievance Commission of Maryland, the petitioner, acting pursuant to Maryland Rule 16-751,1 approved the filing by Bar Counsel of a Petition For Disciplinary or Remedial Action against Dimitri G. Daskalopoulos, the respondent. In that petition,

pursuant to two com plaints filed against him, Bar C ounsel ch arged the re sponden t with miscond uct, as defined by Maryland Rules 16-701 (i),2 and 16-812, and consisting of violations of various of the Maryland Rules of Professional Conduct, as adopted by the latter Maryland Rule, to w it:. Rules 1.4, Communication,3 1.15 , Saf ekee ping Prop erty, 4 8.1, Bar

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Maryland Rule 16-751 provides: "(a) Com mencem ent of discip linary or remed ial action.(1)U pon app roval of the Commission. Bar Counsel shall file a Petition for Disciplinary or Remedial Action in the Court of Appeals."
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Pursuant to Maryland R ule 16-70 1 (i) "Profe ssional misc onduct" o r "miscon duct" has the meaning set forth in Rule 8.4 of the Maryland Rules of Professional Conduct, as adopted by Rule 16-812. The term includes the knowing failure to respond to a request for information authorized by this Chapter without asserting, in writing, a privilege or other basis for such failure."
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Rule 1.4 provides: "(a) A lawyer shall keep a client reasonably informed about the status of a matter a nd pro mptly com ply with re asonab le reque sts for in forma tion. "(b) A law yer shall explain a matter to the extent reaso nably necessa ry to permit th e client to make inform ed dec isions re gardin g the rep resenta tion."
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Rule 1.15 provides, as relevant: "(a) A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property. Funds shall be kept in a separate account maintained pursuant to Title 16, Chapter 600 of the Maryland Rules. Other proper ty shall be id entified as such and ap propria tely safeg uarded . Complete records of such account funds and of other property shall be kept by the lawyer and shall be preserved for a period of five years after termination of the representation. "(b) Upon receiv ing funds or other pro perty in which a client or third person has an interest, a law yer shall promptly notify the client or third

Admission and Disciplinary Matters,5 and 8.4, Miscon duct, 6 other M aryland R ules, i.e. 16603, Duty to main tain accoun t,7 16-604, Trust Account-Required Deposits, 8 16-606, Name

person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds o r other prop erty that the client or th ird person is entitled to rece ive and, up on reque st by the client or third party, shall promp tly render a full acc ountin g regar ding su ch prop erty."
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Rule 8.1 p rovides, as re levant: "An ap plicant for ad mission or re instatemen t to the bar or a lawyer in connection with a bar admission application or in connection with a disciplinary ma tter, shall not: * * * * "(b) fail to disc lose a fact n ecessary to corr ect a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for info rmation from an ad miss ions or disciplinar y auth ority, except that this Rule does not require disclosure of information otherwise protected by Rule 1.6."
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Rule 8.4, as relevant, provides: "It is professional misconduct for a lawyer to: "(a) violate or attempt to violate the rules of professional conduct, knowingly assist or induce another to do so, or do so through the acts of an other; "(b) commit a criminal act that reflects adversely on the lawyer's hone sty, trustworthine ss or fitness a s a lawyer in other respe cts; "(c) engage in conduct involving dishonesty, fraud, deceit or misreprese ntation; "(d) engage in conduct that is prejudicial to the administration of justice;" * * * *

"An attorney or the attorney's law firm shall maintain one or more attorney trust accounts for the deposit of funds received from any source for the intended benefit of clients or third persons. The account or accounts shall be maintained in this State, in the 2

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and Designa tion of A ccount, 9 16-607, Commingling of Funds, 10 16-609, Prohibited

District of Columbia, or in a state contiguous to this State, and shall be with an approved financial institution. Unless an attorney maintains such an account, or is a member of or employed by a law firm that maintains such an account, an attorney may not receive and accept funds as an attorney from any source intended in whole or in part for the benefit of a client o r third pe rson."
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Rule 16-604 provides: "Except as otherwise permitted by rule or other law, all funds, including cash, received and accepted by an attorney or law firm in this State from a client or third person to be delivered in whole or in part to a client or third person, unless received as payment of fees owed the attorney by the client or in reimbu rsement fo r expense s properly adv anced on behalf of the client, shall be deposited in an attorney trust account in an approved financial institution. This Rule does not apply to an instrument received by an attorney or law firm that is made payable solely to a client or third person and is tra nsmitte d directl y to the clie nt or third person ."
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Rule 16-606 provides:

"An attorney or law firm shall maintain each attorney trust account with a title that includes the name of the attorn ey or law firm and that clea rly designates the account as "Attorney Trust Account", "Attorney Escrow Account", or "Clients' Funds Account" on all checks and deposit slips. The title shall distinguish the account from any other fiduciary account that the attorney or law firm may maintain and from any personal or business accou nt of the attorney o r law fir m." Rule 16-607 provides: "a. General Prohibition. An attorney or law firm may deposit in an attorney trust account only those funds required to be deposited in that account by Rule 16-604 or permitted to be so deposited by section b. of this Rule. b. Exceptions. "1. An attorney or law firm shall either (A) deposit into an attorney trust account funds to pay any fees, service charges, or minimu m balanc e required b y the financial in stitution to open or maintain the account, including those fees that cannot be charged against interest due to the Maryland Legal Services Corpora tion Fund pursuan t to Rule 16-610 b 1 (D), 3
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Transactions,11 and section s of Ma ryland Code (1989,20 0 0 Rep lacement V olume), of the Business Occupations and Professions Article,12 namely,

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