Application of Brown to the Bar

144 A.3d 1188, 449 Md. 669, 2016 Md. LEXIS 566
CourtCourt of Appeals of Maryland
DecidedAugust 24, 2016
Docket33m/15
StatusPublished
Cited by4 cases

This text of 144 A.3d 1188 (Application of Brown to the Bar) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Application of Brown to the Bar, 144 A.3d 1188, 449 Md. 669, 2016 Md. LEXIS 566 (Md. 2016).

Opinion

Hotten, J.

We consider whether to grant the application for admission to the Bar of Maryland of Deirdre Paulette Brown (“Ms. Brown”), who failed to disclose a prior felony theft charge on her application for admission and provided no credible explanation for her omission; intentionally misrepresented her grade point average (“GPA”) on her law school resume in order to enhance her qualifications with a prospective employer; and demonstrated a pattern of financial irresponsibility with credit account debt.

The Character Committee for the Seventh Appellate Circuit (“Committee”) recommended Ms. Brown’s admission to the Bar of Maryland by a vote of three to two. The State Board of Law Examiners (“Board”) voted four to three to adopt the recommendation of the Committee. Upon consideration of the recommendations of the Committee and the Board, and based upon our independent review of the record, we hold that Ms. Brown has not met the burden of establishing that she currently possesses the requisite moral character and fitness for admission to the Bar. 1

BACKGROUND

Ms. Brown graduated from law school in the Spring of 2012. On May 21, 2012, Ms. Brown filed an application with the Board for admission to the Bar of Maryland pursuant to Md. Rule 19-202 (formerly Rule 2 of the Rules Governing Admis *672 sion to the Bar of Maryland). 2 Ms. Brown’s application was forwarded to Stuart Herschfeld (“Mr. Herschfeld”) for review and the required investigatory interview, pursuant to Md. Rule 19-203(a)(l) (formerly Rule 5(b)(1) of the Rules Governing Admission to the Bar of Maryland). 3 Thereafter, Mr. Herschfeld requested that Ms. Brown supplement her application to address the status of outstanding debts and the criminal and civil matters noted in her file. Although Ms. Brown supplemented her file, Mr. Herschfeld believed that the information provided failed to address his concerns regarding her application and raised additional questions regarding Ms. Brown’s misrepresentation of her law school grades and her academic probation during college.

Thereafter, Ms. Brown refused to provide further information to supplement her file, because she was unsuccessful on the July 2012 Maryland Bar Examination. When Ms. Brown passed the February 2013 Examination, she contacted Mr. Herschfeld to inquire about the status of her Bar application. On May 23, 2013, Mr. Herschfeld issued a memorandum recommending against Ms. Brown’s admission, which stated, in relevant part:

My decision is premised upon the following:

*673 1. While she did not disclose in her application the academic issue regarding a misrepresentation of her GPA for which she was sanctioned by her law school, I found her explanation troubling as she readily admits that she made the representation deliberately to gain a benefit in job search opportunities. Subsequently, there was some documentation provided that further muddied the issue rather than clarifying it as is demonstrated in this file.
2. Ms. Brown never provided a full explanation and response regarding the various outstanding balances to creditors as well as to update me regarding the status of debts that she was not aware of at the time of our interview as to how she was planning to resolve these outstanding debts.
There are other matters that certainly may not weigh in her favor regarding the application, but these are the two primary reasons for which I cannot recommend her as an applicant to the State of Maryland Bar at this time.

On June 7, 2013, the Chair of the Committee, Benjamin Vaughan (“Mr. Vaughan”), submitted a letter to Ms. Brown, advising her of Mr. Herschfeld’s recommendation and her right to a hearing pursuant to Md. Rule 19-203(a)(2) (formerly 5(b)(2) of the Rules Governing Admission to the Bar of Maryland). 4 Hearings were held before the Committee on February 23 and April 14, 2015, to address the facts and circumstances concerning the following matters: past criminal charges against Ms. Brown of making a false statement to a police officer and felony theft; her failure to disclose the theft charge on her Bar application; her financial irresponsibility; a *674 reprimand from Ms. Brown’s law school for falsifying information on her resume; and whether the foregoing events reflected a cumulative pattern of dishonesty, a lack of candor, and a failure to honor legal commitments. In attendance were several committee members, including the Mr. Herschfeld, who testified regarding his recommendation and the reasons supporting his position. Ms. Brown appeared without counsel, testified on her own behalf, and offered into evidence additional documentation requested by the Committee concerning a statement of criminal charges and an academic reprimand letter from her law school.

Subsequently, on August 4, 2015, the Committee issued a report, which included two written dissents, recommending by a three to two vote that Ms. Brown be admitted to the Bar of Maryland. The Committee rendered the following findings of fact and conclusions, which we summarize:

Outstanding and Delinquent Debts

Ms. Brown reported five credit accounts that were delinquent for more than ninety days: 1) Westlake Financial Services, with an unpaid balance of $ 9,973; 2) Santander Consumer USA, with an unpaid balance of $ 4,789; 3) Midland Credit Management, Inc., with an unpaid balance of $720; 4) HSBC Bank, with an unpaid balance of $1,014; and 5) Afni, Inc., with an unpaid balance of $260. During Ms. Brown’s October 2012 interview, Mr. Herschfeld believed that Ms. Brown was unclear regarding the status of the unpaid balances and her ability to satisfy the arrearages. Mr. Herschfeld sought specific information regarding the debts, and exchanged several emails with Ms. Brown in connection with his requests. In a letter dated November 15, 2012, Ms. Brown indicated that she had no additional documentation regarding her creditors. In Mr. Herschfeld’s May 2013 memorandum, he recalled Ms. Brown’s assertion that the resolution of any issues with her creditors was not relevant, since she did not pass the bar examination.

*675 However, on February 22, 2015, Ms. Brown submitted additional documentation reflecting that all five outstanding loan balances were resolved. Ms. Brown further explained:

My problems with past debt have been due to poor financial planning on my part. I have learned from this and have repaid all accounts that I owed. As evidence of my ability to be financially responsible I have two open accounts that are in good standing. A Wells Fargo Credit Card opened in 2012 and a Capital One automobile loan opened in 2013.

The Committee did not discover any information that “contradict[ed]” or “callfed] into question[,]” Ms. Brown’s most recent representation regarding her outstanding debts, and therefore, was satisfied that she demonstrated her character and moral fitness for the practice of law with respect to her credit account debt.

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Cite This Page — Counsel Stack

Bluebook (online)
144 A.3d 1188, 449 Md. 669, 2016 Md. LEXIS 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/application-of-brown-to-the-bar-md-2016.