Attorney Grievance Commission of Maryland v. Goodman

850 A.2d 1157, 381 Md. 480, 2004 Md. LEXIS 301
CourtCourt of Appeals of Maryland
DecidedJune 7, 2004
DocketMisc. AG No. 15, Sept. Term, 2003
StatusPublished
Cited by29 cases

This text of 850 A.2d 1157 (Attorney Grievance Commission of Maryland v. Goodman) 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
Attorney Grievance Commission of Maryland v. Goodman, 850 A.2d 1157, 381 Md. 480, 2004 Md. LEXIS 301 (Md. 2004).

Opinion

*483 GREENE, J.

On June 26, 2003, the Attorney Grievance Commission, acting through Bar Counsel, filed a petition with this Court for disciplinary or remedial action against Respondent, Ellis H. Goodman. Bar Counsel charged Respondent with violating several Maryland Rules of Professional Conduct (MRPC), alleging that he filed a complaint in the District Court of Maryland and signed the name of a different attorney (David Herman) to the complaint, without that attorney’s knowledge or permission. The Commission also alleges that Respondent attempted to negotiate a settlement with opposing counsel while pretending to be David Herman and that Respondent intentionally misled the trial judge to make him think that David Herman was the attorney who had filed the action and that Respondent was merely standing in for Mr. Herman. In particular, the petition alleged that Respondent violated MRPC 3.3(a)(1) (Candor Toward Tribunal), 1 MRPC 3.4(c) (Fairness to Opposing Party and Counsel), 2 MRPC 8.1(a) (Bar Admission and Disciplinary Matters), 3 8.4(b),(c), and (d) (Misconduct), 4 and Md.Code Ann., Crim. Law Art. Section 8-606. 5

*484 Pursuant to Maryland Rule 16-752(a) 6 , we referred the matter to Judge Shirley Watts, of the Circuit Court for Baltimore City, to make findings of fact and proposed conclusions of law. Judge Watts held an evidentiary hearing on October 29, 31, and November 19, 2003, and concluded that Respondent violated the following Rules of Professional Conduct: 3.1(a)(1), 3.3(c), 7 and 8.4(c), as well as Md.Code Ann., Crim. Law Art., Sec. 8-606. In addition, Judge Watts found one mitigating factor present in this case.

Respondent filed exceptions to the factual findings and conclusions of law and recommended that the appropriate sanction for his conduct should be a stern reprimand. The Attorney Grievance Commission excepted to the failure of Judge Watts to find specifically that Respondent violated Rule 8.4(b), and has recommended that Respondent be disbarred. We overrule all of Respondent’s exceptions and sustain the exception of the Commission. Moreover, we conclude that the appropriate sanction in this case is disbarment.

*485 I. The Hearing Judge’s Opinion

FINDINGS OF FACT

The findings of fact made by Judge Watts can be summarized as follows. Respondent has been a member of the Maryland Bar since June 23, 1966, and has been employed as an Assistant Public Defender (APD) in Baltimore City. Respondent has not been the subject of prior disciplinary proceedings. In 1991, Respondent founded a charity called “Heroes of Hope,” an organization that helps children and families living through a life threatening illness. He founded the charity because of his experience with the life threatening illness of his surrogate son, Bobby Herman. 8 Bobby is the biological child of David Herman, the Maryland attorney whose name Respondent used to file the case that became the subject of these disciplinary proceedings. Mr. Herman and Respondent had been friends and law partners for many years and when Mr. Herman divorced and moved away from Maryland, his son Bobby remained in Maryland with Respondent and his wife.

Respondent created the InterMall project, consisting of advertising kiosks in shopping malls, in order to raise funds for Heroes of Hope. Fairfield Communities, Inc. (Fairfield) purchased advertising space from InterMall. According to Respondent, Fairfield failed to pay the amount billed for the space provided. Thereafter, Respondent filed an action in the District Court of Maryland on behalf of InterMall, seeking to recover $1,491.00 from Fairfield. He later amended the complaint to increase the damages amount to $2,176.80. On both complaints, Respondent listed the name of D. David Herman as the attorney for the plaintiff. Respondent did not state his own name on either of the complaints. Respondent also sent *486 a letter and four subpoenas to the District Court of Maryland, identifying David Herman as the attorney for the plaintiff. The letter was printed on letterhead stating “Law Offices of D. David Herman.” Respondent testified that he created the letterhead for use in the InterMall suit.

Mr. Herman did not know of the InterMall suit and did not give Respondent permission to use his name on the pleadings. Thomas W. Jones, Esq., was the attorney for Fairfield and the complainant in the case at bar. During telephone negotiations with Mr. Jones, Respondent represented himself as David Herman. On October 17, 2002, the day the case was scheduled to go to trial, Respondent, pretending to be Mr. Herman, negotiated a settlement over the phone with Mr. Jones. Later that day, Mr. Herman left a message for Mr. Jones stating that Mr. Herman would be unable to attend the trial and that Ellis Howard Goodman would be there instead, representing InterMall. When Mr. Jones met Respondent, he became suspicious because he recognized Respondent’s voice as the voice known to him as Mr. Herman. Mr. Jones called Mr. Herman in Hawaii and discovered that Mr. Herman was unaware of this case, was not the attorney for the plaintiff, and had not given Respondent permission to use his name.

When the case was called, Respondent informed the judge that he was handling the case and then attempted to place the settlement on the record. Respondent implied that Mr. Herman was the attorney in the case but would not be present for trial. Mr. Jones then asked to speak with the judge in chambers. Mr. Jones told the judge that Respondent had been posing as Mr. Herman and that he would not go forward with the settlement in light of the misrepresentations. Respondent denied the accusations, by either shaking his head or saying, “no, that’s not true.” When Respondent testified at the disciplinary hearing, he admitted that he was not candid with the judge about filing the case under Mr. Herman’s name. Specifically, Judge Watts found that “Respondent did not acknowledge to Judge Chiapparelli that he had been impersonating Mr. Herman (and that Mr. Herman was not, in fact, the attorney of record in the case) and Respondent *487 specifically denied the Complainant’s accusations on this point.” Judge Chiapparelli decided to place the trial at the end of his docket. When the case was called, Respondent did not appear and Judge Chiapparelli dismissed the case. The case has not been refiled. Mr. Jones filed a Complaint with Bar Counsel. Respondent then called Mr. Jones to apologize for his conduct.

Judge Watts specifically found that,

Respondent engaged in intentional dishonesty and deceit when he filed the pleadings and requested subpoenas in this case and repeatedly misrepresented the identity of counsel of record in this case to Mr. Jones.

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Bluebook (online)
850 A.2d 1157, 381 Md. 480, 2004 Md. LEXIS 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-of-maryland-v-goodman-md-2004.