Attorney Grievance Commission of Maryland v. Gary S. Mininsohn, 380 Md. 536

Summary

The Maryland Court of Appeals reviewed disciplinary charges against attorney Gary S. Mininsohn arising from failures involving diligence, client communication, safekeeping and disbursement of trust funds, compliance with court orders, and payment of employee withholding taxes. The court sustained Bar Counsel’s exceptions, found additional violations involving dishonesty and misconduct, overruled Mininsohn’s exceptions, and imposed disbarment.

Holdings

1. Mininsohn's repeated, willful failure to withhold and remit employee income taxes, failure to maintain required withholding records, and neglect of tax liens and Comptroller communications violated Rules 8.4(b) and 8.4(c).
2. Mininsohn violated Maryland Rule 3.4(c) by repeatedly failing to appear and failing to produce documents as directed by court orders.
3. Mininsohn violated Maryland Rule 1.3 by failing to prepare and submit an order that the court had directed him to prepare.
4. Mininsohn violated Maryland Rule 1.15(b) by retaining client funds for more than a year after receipt and four months after negotiating a reduction of a client lien.
5. Disbarment was warranted because Mininsohn committed misappropriation and repeated serious misconduct, and aggravating factors substantially outweighed mitigating evidence.

Questions Presented

1. Whether Mininsohn violated Maryland Rules 8.4(b) and 8.4(c) by willfully failing to withhold and remit employee income taxes and by misrepresenting withholding information.
2. Whether Mininsohn violated Maryland Rule 3.4(c) by knowingly disobeying court obligations and orders.
3. Whether Mininsohn violated Maryland Rule 1.3 by failing to prepare and submit a court order as directed.
4. Whether Mininsohn violated Maryland Rule 1.15(b) by failing promptly to deliver client funds.
5. What sanction was appropriate for the established misconduct, including misappropriation and repeated tax-related violations.

Disposition

other