Please ensure Javascript is enabled for purposes of website accessibility

Maryland Supreme Court disbars Virginia lawyer for abusing courts, financial misconduct

Woman accused of running high-end brothels in Northern Virginia and near Boston set to be sentenced

Photo: AdobeStock

Woman accused of running high-end brothels in Northern Virginia and near Boston set to be sentenced

Photo: AdobeStock

Maryland Supreme Court disbars Virginia lawyer for abusing courts, financial misconduct

Summary

  •  found -based attorney violated several  rules in dispute over family trust
  • High court found he had filed meritless lawsuits against his sister in multiple courts
  • Also found to have misused trust funds for personal expenses and legal fee

A Virginia-based attorney has been disbarred in Maryland for abusing the judicial process and engaging in financial misconduct in his role as the legal representative and fiduciary of his mother’s trust, the Maryland Supreme Court held.

In an opinion filed Monday written by Justice Peter Killough, the state’s highest court explained its reasoning for the court’s March per curiam order disbarring Gary Pisner from the practice of law in Maryland.

The justices agreed with a hearing judge’s findings that Pisner violated a handful of ethics rules, including rules relating to competence, safekeeping property and bringing meritorious claims.

Specifically, the high court wrote, Pisner failed to maintain adequate transactions records of a revocable trust he and his sister became the beneficiaries and co-trustees of in January 2009 following the death of their mother and refused to produced documentation when ordered by the court. According to the high court, Pisner “actively concealed” trust records to avoid disclosing them during his  proceedings and failed to produce sufficient documentation to permit an accounting of the trust.

In 2009, Pisner distributed approximately $1.19 million to himself while his sister received $1.06 million, and in 2010, he received $136,410.93 despite a lack of supporting source documentation, while his sister received $54,894.78. Many of the unauthorized distributions were used for Pisner’s personal expenses, the high court wrote, including legal fees, credit card payments and educational costs.

Among other ethical violations, the justices found Pisner also “repeatedly misused the judicial system” by initiating a number of lawsuits with legal theories that lacked merit.

According to the high court, Pisner, in identifying himself as an attorney of his mother’s trust, filed a lawsuit against his sister in Circuit Court alleging the trust had “ceased to function” in accordance with its terms. Pisner also filed a separate lawsuit against his sister in the Superior Court for the District of Columbia while the trust litigation remained pending, as well as a second lawsuit against his sister in the U.S. District Court for the District of Maryland with “nearly identical” allegations.

“[Pisner] pursued identical claims in multiple forums without curing a plainly fatal legal defect, indicating an absence of any good faith basis for relief and no effort to seek a legitimate change in the law,” Killough wrote. “These violations were not without consequence. The Hearing Judge found that Respondent’s frivolous filings caused actual harm to others.”

Those harms, the high court wrote, included those against whom Pisner filed lawsuits incurring substantial legal expenses and experiencing increased liability insurance premiums, in addition to the expense of judicial resources in multiple jurisdictions.

Pisner disputed the sufficiency of the disciplinary petition, alleged investigatory and discovery misconduct, and contested the credibility of witnesses; the high court found he offered no evidence to support those claims. Though Pisner had no prior history of , the justices found is warranted.

Pisner did not immediately respond to requests for comment, and bar counsel for the Maryland declined to comment.

Pisner was admitted to the in 1989. He remains in good standing in Virginia and the District of Columbia (where his membership is inactive), and is listed as retired from the Pennsylvania Bar, according to those jurisdictions’ attorney directories.

YOUR NEWS.
YOUR INBOX.
DAILY.

By subscribing you agree to our Privacy Policy.