On Friday, January 13. 2023, the Supreme Court of the State of Kansas suspended Beltsville attorney Isaac Henry Marks Sr. over the case of misappropriation of funds. The case is entitled “In the matter of Isaac Henry Marks Sr.” and was brought by the Disciplinary Administrator’s Office with case no. 125-622.
The charges cited Kansas Rules of Professional Conduct KRPC 1.1, 1.3, 1.15(a)(b), 8.4(c)(d), Rule 221(b) which state
Respondent’s failure to provide an accounting for the Trust in October 2011 and 2012, failure to find safe living accommodations for the Trust Beneficiary, and failure to pay property taxes for the house in 2011 or the first half of 2011.
Respondent’s failure to provide an accounting for the Trust in October 2011 and 2012, failure to find safe living accommodations for the Trust Beneficiary, and failure to pay property taxes for the house in 2011 or the first half of 2012.
Respondent’s withdrawal of $1,750 from the Trust account and use it for unauthorized personal purposes.
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
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.
Respondent allowed two Social Security checks to sit in the Trust account between 2009 and May 2013 without providing the money to the beneficiary, using it for her benefit or trying to resolve his apparent concern that the government.
Respondent accused Ms. Walker of (1) never requesting an accounting, and (2) refusing to provide property tax statements which were deliberately false statements.
The Respondent’s failure to properly administer the Trust caused the probate court to hold two hearings in April 2013 and appoint an Auditor – Master in order to correct the respondent’s mistakes.
Respondent has a duty to report misconduct to the disciplinary administrator. In this case, the respondent failed to report the Maryland temporary suspension or indefinite suspension to the Kansas disciplinary administrator’s office as required.
The Rules of Professional Conduct can be found here.
This case started when the respondent, after being suspended for his conduct while working as a trustee in the District of Columbia in 2018, failed to notify the Maryland Bar of the District of Columbia’s discipline. In his disciplinary charges in the state of Columbia, the respondent allegedly failed to provide required accountings, failed to marshal and maintain trust assets, negligently misappropriated trust funds, and made known misrepresentations to a court regarding his actions and inactions as trustee.
The filing states:
“Subsequently, the D.C. Bar’s Board of Professional Responsibility (D.C. Board) issued its Report and Recommendation on April 14, 2021, affirming the findings and conclusions, on narrower grounds, of the hearing committee and recommended that the respondent’s law license be suspended for one year with reinstatement contingent on the completion of specified continuing legal education.”
The Attorney Grievance Commission of Maryland filed a petition for reciprocal discipline for the respondent’s failure to notify the Maryland bar counsel of the discipline imposed in the District of Columbia as required by the Maryland Rules of Professional conduct.
The filing continues:
“On November 15, 2021, a Joint Petition for Indefinite Suspension with the Right to Petition for Reinstatement in One Year resulted in the indefinite suspension of the respondent’s Maryland law license. Respondent was suspended effective September 13, 2021[.] and is eligible to petition for reinstatement on September 13, 2022.”
The respondent, violating the rules in the prior state, had also violated the same with the Kansas Rules of Professional Conduct. Some of the violations are stated in the following.
The filing further states:
“In this case, the respondent’s failure to provide an accounting for the Trust in October 2011 and 2012, failure to find safe living accommodations for the Trust Beneficiary, and failure to pay property taxes for the house in 2011 or the first half of 2012 violated D.C. and Kansas rules of professional conduct related to competence. On another case, the respondent accused Ms. Walker of (1) never requesting an accounting, and (2) refusing to provide property tax statements which were deliberately false statements that violated D.C. and Kansas rules of professional conduct related to dishonest conduct”
The filing additionally notes:
“In this case, the respondent ‘ s failure to properly administer the Trust caused the probate court to hold two hearings in April 2013 and appoint an Auditor – Master in order to correct the respondent ‘ s mistakes which violated D.C. and Kansas rules of professional conduct related to the administration of justice.”
With all the allegations and facts, the court holds that the respondent should be suspended for a period of one year to run concurrently with the Maryland Suspension.
The Disposition states:
“IT IS THEREFORE ORDERED that Isaac Henry Marks Sr. be and he is hereby disciplined with a one-year suspension in accordance with Supreme Court Rule 225(a)(3) (2022 Kan. S. Ct. R. at 281). This suspension will run concurrently with the Maryland suspension. We further order as a condition of reinstatement of his Kansas license that Marks show his Maryland and District of Columbia law licenses are reinstated.”
As of today, Mr. Marks is listed on the website of the law firm Law Office of Isaac H. Marks, LLC as a practicing attorney. His info can be found on lawyersjustia.com. Marks practices in Beltsville, Maryland. He is licensed in Kansas, as well as in Maryland and the District of Columbia.
A copy of the original filing can be found here.
