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In re Roxborough6/7/2001
ril to manage his insomnia, which was related to marital difficulties. BX 33 at 2.
67. By June 1998, Petitioner exhibited no active signs of depression. BX 33 at 2; Tr. I 104. Since he began psychotherapy in February 1996, Petitioner has improved in his recognition and acceptance of responsibility. BX 33 at 2. He also has experienced a significant decline in the use of defense mechanisms, and his decision-making ability has improved. Id. at 1; Tr. I 105. Rev. Simon testified that Petitioner had made progress by "leaps and bounds." Tr. I 53.
68. Dr. Smothers testified that, in his opinion, Petitioner is fit to return to the practice of law. Id. 105. Although Petitioner's skills for coping with stress have improved, Dr. Smothers recommends that Petitioner receive supportive therapy for approximately six to eight months as he reintegrates back into law practice. Tr. I 105, 122. Dr. Ratner supports Dr. Smothers' recommendation that Petitioner receive supportive therapy if he is reinstated. Tr. II 194. Dr. Ratner also recommends a practice monitor. Tr. II 195.
69. Petitioner had marital difficulties stemming from the decline in his health and dissolution of his practice. Petitioner has reconciled with his wife and has undergone marriage counseling.
E. Petitioner's Financial Status
a. Professional Finances
70. Petitioner was a signatory on his law firm's trust account. Tr. II 107. Between November 30, 1990 and April 30, 1991, the account was overdrawn on 26 separate occasions. BX 22 at 1. In December 1991, Bar Counsel recommended to Petitioner changes in the operation of the account, based upon an audit undertaken by a certified public accountant. BX 22.
71. Between January 1994 and April 1995, Petitioner's law firm operating account was consistently overdrawn, despite the transfer of $164,705 from the law firm's trust account to the operating account. BX 23 at 3. Petitioner was a signatory on the operating account and wrote counter checks on it, but he testified that he was unaware of the number of times that the operating account was overdrawn. Tr. II 107.
72. On or about January 11, 1995, Petitioner's law partner, George Tillerson, wired $300,000 out of the trust account to an investment company in Atlanta, Georgia. BX 23 at 3, 26, 27. Petitioner testified that he had no idea that the funds had been sent out. Tr. II 109. First American Title Insurance Company later sued Petitioner for recovery of the wired funds. BX 25. Petitioner testified that he had notified his partner and the firm that he had agreed to a practice monitor with the Office of Bar Counsel and an audit by a CPA. That notice, he believes, precipitated his partner's $300,000 investment scheme to try to cover trust-account deficits unknown to Petitioner. Tr. I 90-91. The loss of the funds nearly cost a client a parcel of real property near the new football stadium in Maryland. Tr. I 92-93. Petitioner's church, Way of the Cross Church of Christ, advanced him $150,000 to repay the debt to the client. Tr. I 93-94. Petitioner recognizes that Mr. Tillerson took advantage of him, but also that he lapsed in supervising Mr. Tillerson adequately. Tr. I 82-83.
73. The Hearing Committee took evidence on restitution and exerted considerable effort toward specifying what Petitioner has repaid and what he still owes. Because no plan for the remaining restitution was in the evidence before the Board, the Board requested that Petitioner and Bar Counsel supplement and clarify the record on restitution. A copy of Petitioner's Affidavit supplementing the record is attached to this Report and Recommendation.
74. Petitioner has made restitut
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