In the Matter of Solomon
In the Matter of Solomon
Opinion of the Court
This disciplinary matter is before the Court on the second report and recommendation of William C. Rumer, special master, recommending a three to six month suspension for Lester Christopher
After the State Bar filed a formal complaint against him, Solomon filed a petition for voluntary discipline in which he sought a review panel reprimand. We rejected that petition on June 2, 2008 as an insufficient sanction, S08Y1131. Solomon filed this renewed petition for voluntary discipline, in which he now requests a three to six month suspension.
Based on Solomon’s admissions, the special master found that while Solomon was a minister at a church and before he was admitted to the bar, he agreed to help manage the financial affairs of Marvin Pace, Jr., who is disabled, by receiving title to Pace’s real property, securing a mortgage loan on the property, paying himself a commission, paying the mortgage payments and himself a monthly stipend with Pace’s annuity income, and allowing Pace to continue living in the home. After Solomon was admitted to the bar in September 2001, he continued to handle Pace’s financial matters, but did not separate his funds from Pace’s or deposit Pace’s funds into an attorney trust account. Solomon thus admits that he violated Rule 1.15 (II) by commingling funds and not depositing Pace’s funds into an attorney trust account. The special master found, however, that at the time of his rule violation, Solomon was relatively inexperienced in the practice of law and that his violation was not intentional.
The State Bar did not file a response to the renewed petition or a request for review of the special master’s second report.
Having reviewed the record in this case, we agree with the special master and hereby direct that Solomon be suspended from the practice of law for six months. Solomon is reminded of his duties pursuant to Bar Rule 4-219 (c).
Six-month suspension.
Dissenting Opinion
dissenting.
Because I believe that a six-month suspension is insufficient discipline for Lester Christopher Solomon based on the facts of this case, I must respectfully dissent.
The record shows that, while Solomon was a minister at a church and before he was admitted to the bar, he agreed to help manage the financial affairs of a disabled person by receiving title to the person’s home, securing a loan on the property, paying himself a commission, paying the loan payments and himself a monthly
Given Solomon’s commingling of funds, coupled with behavior consistent with neither his agreement to manage the person’s funds and property nor his attorney-client relationship with the person, I do not believe that a six-month suspension is an adequate punishment for Solomon’s actions.
I am authorized to state that Presiding Justice Hunstein and Justice Thompson join in this dissent.
Reference
- Full Case Name
- In the Matter of Lester Christopher Solomon
- Status
- Published