Office of Disciplinary Counsel v. Kurtz

We accept the board’s findings of fact and agree with its conclusion that respondent’s conduct violated DR 1-102(A)(4), 5-101(A)(l), and 9-102(A).

As the probate court found, respondent engaged in self-dealing and violated his fiduciary duty as a trustee. We reject respondent’s characterization of these transfers from the Korda estate to his business account as “loans,” not only because the contemporaneous notations that respondent placed on the checks indicate otherwise, but also because respondent, as fiduciary for the trust, did not receive documentation evidencing that any of the fifty-two…