Preview:

IN THE COURT OF APPEALS OF MARYLAND Misc. Docket (Subtitle AG) No. 55 September Term, 2006 _________________________________________

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND

v.

VICTOR MBA-JONAS _________________________________________ Bell, C.J. Harrell Battaglia Greene Eldridge, John C. (Retired, Specially Assigned), Wilner, Alan M . (Retired, Specially Assigned), Cathell, Dale R. (Retired, Specially Assigned), JJ. _________________________________________ Opinion by Eldridge, J. Harrell, Battaglia and Wilner, JJ., Dissent. _________________________________________

Filed: December 4, 2007

The responde nt, Victor Mba-Jonas, was admitted to the Bar of this Court on April 6, 1995. On March 20, 2007, this Court indefinitely suspended Mba-Jonas, with the right to apply for readmission after 90 days, because of misconduct in the management of his escrow account. Attorney Grievance Commission of Maryland v. Mba-Jonas , 397 Md. 690, 919 A.2d 669 (2007). In the present matter, the Attorney Grievance Commission, by Bar Counse l, filed a petition for disciplinary action against Victor Mba-Jonas based upon allegations of substantially the same type of conduct involved in Mba-Jonas's previous case. Spe cific ally, Bar Counsel alleged violations of Rules 1.1,1 1.15,2 8.1 3 and 8.4 4 of the Maryland Lawyers' Rules of

1

Rule 1.1 of the Maryland Rules of Professional Conduct provides as follows: "Rule 1.1. Competence. "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."

2

Rule 1.15 of the Maryland Rules of Professional Conduct states: "Rule 1.15. Safekeeping Property. (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 property shall be identified as such and appropriately safeguarded. Complete records of such account funds and of other property shall be kept by the lawyer and shall be (continued...)

-22

(...continued) preserved for a period of five years after termination of the representation. (b) A lawyer may deposit the lawyer's own funds in a client trust account for the sole purpose of paying bank service charges on that account, but only in an amount necessary for the purpose. (c) Unless the client gives informed consent, confirmed in writing, to a different arrangement, a lawyer shall deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred. (d) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third 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 or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property. (e) When in the course of representation a lawyer is in the possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property as to which the interests are not in dispute." Rule 8.1 of the Maryland Rules of Professional Conduct provides: "Rule 8.1. Bar Admission and Disciplinary Matters. "An applicant for admission or reinstatement to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not: (a) knowingly make a false statement of material fact; or (b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by Rule 1.6."

3

The relevant portions of Rule 8.4 of the Maryland Rules of Professional Conduct provide as follows: "Rule 8.4 Misconduct. (continued...)

4

-3Professional Condu ct; Maryland Rules 16-607 and 16-609; 5 and Maryland Code (2000, 2004 Repl. Vol.),

Download Attorney Grievance v. Mba-Jonas.pdf

Maryland Law