Attorney Grievance Commission of Maryland v. Harrington

785 A.2d 1260, 367 Md. 36, 2001 Md. LEXIS 939
CourtCourt of Appeals of Maryland
DecidedDecember 6, 2001
DocketMisc. Docket AG, No. 9, Sept. Term, 2001
StatusPublished
Cited by62 cases

This text of 785 A.2d 1260 (Attorney Grievance Commission of Maryland v. Harrington) 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. Harrington, 785 A.2d 1260, 367 Md. 36, 2001 Md. LEXIS 939 (Md. 2001).

Opinions

CATHELL, Judge.

The Attorney Grievance Commission (“Commission”), petitioner, by Bar Counsel, filed in this Court a petition seeking disciplinary action against Richard D. Harrington, respondent. The petition alleged multiple violations of the Maryland Rules of Professional Conduct (MRPC). Pursuant to Maryland Rule 16-709, we referred the matter to the Honorable D. William Simpson of the Circuit Court for Wicomico County, for a hearing and to make findings of fact and conclusions of law.

Respondent was served in person with a Petition for Disciplinary Action that required a response within fifteen days of service and notified respondent that a hearing would be held no later than thirty days from the date of response. Respondent failed to file any response. Thereafter, petitioner filed a Request for Order of Default. Judge Simpson entered an Order of Default on June 22, 2001. Respondent did not file a request to vacate the Order of Default. Judge Simpson [38]*38proceeded with the hearing and respondent did not appear in court on the date scheduled for the hearing. Subsequently, judgment by default was entered.

Judge Simpson considered the' Petition for Disciplinary Action and received the Requests for Admissions of Fact and Genuineness of Documents and Findings of Fact and Conclusions of Law presented by petitioner. Judge Simpson found by clear and convincing evidence that the allegations of fact alleged by petitioner were true, i.e., respondent violated provisions 1.3,1.4(a) and (b), 1.16(d), 8.1(b), and 8.4(c) and (d) of the MRPC.1 On August 6, 2001, Judge Simpson adopted the [39]*39Findings of Fact and Conclusions of Law submitted by petitioner.

I. Facts
Judge Simpson’s findings of fact and conclusions of law are: “[T]his Court [the Circuit Court for Wicomico County] finds the following facts have been established by clear and convincing evidence:
BC DOCKET NO. 99-615-10-6
COMPLAINANT: WILLIAM H. MARINER
In or about January, 1998 the Complainant mailed a tax sale certificate with a letter of instructions to the Respondent seeking to employ him to foreclose the rights of redemption which the Complainant had purchased at tax sale. The Complainant had previously employed the Respondent and was prepared, from previous experience, to have paid between $500 and $600 plus advertising costs for the representation.
On January 18, 1999 the Complainant wrote to the Respondent about the foreclosure of the right to redeem. The Complainant had previously made several efforts to contact the attorney, all to no avail. Upon inquiry, prior to the January 18th letter, the Complainant had been assured by Respondent’s secretary that the Respondent had completed the title search on the property but had not initiated the appropriate court proceedings or undertaken the necessary advertisements. Within that letter the Complainant asked the Respondent to initiate proceedings within ten days otherwise, if he were unable to timely deal with the matter, the Respondent should return the certificate of tax sale and the Complainant would pay for his time and services. The Complainant requested the Respondent to indicate whether [40]*40he would either initiate the judicial proceedings or return the tax certificate within the next few days. The Respondent failed to respond. Respondent failed to return the tax certifícate.
The owners of the property which was the subject of the tax foreclosure had retained counsel who had sought to redeem the property and, in so doing, sent a check to the Respondent in fulfillment of all financial obligations. The Respondent, at some point in time after the filing of the complaint, forwarded the proceeds to the Complainant.
By complaint dated April 21, 1999 the Complainant brought to the attention of the Petitioner the Respondent’s lack of diligence in pursuing the foreclosure of the right of redemption. The Complainant also brought to Petitioner’s attention the fact that the original certificate of tax sale, entrusted to the Respondent, had not been returned as requested.
The complaint was forwarded to the Respondent by letter dated April 30,1999 putting the Respondent on notice that a disciplinary investigation, inquiry file number 99-0-1172, was undertaken to ascertain whether or not the complaint was one that should be formally docketed, or not, as a disciplinary file. The Respondent was requested to respond within fifteen days. He failed to do so.
A certified letter was posted to the Respondent dated May 26,1999 enclosing the April 30th letter and asking, yet again, for a response within ten days. This letter reminded the Respondent that he was obliged under Maryland Rule of Professional Conduct 8.1 to cooperate in a disciplinary investigation. The return receipt indicated delivery on May 28, 1999 evidenced by a signature of Krista Warfield. The Respondent failed to respond.
Due in major part to his failure to respond to the two previous requests for information, the inquiry file previously numbered 99-0-1172 was formally docketed as a disciplinary complaint against the Respondent bearing BC Docket No. 99-615-10-6. A notice letter was posted to the Respondent dated June 14, 1999 informing him of that action, [41]*41enclosing the two earlier letters as well as the original complaint, and asked the Respondent to respond to the substantive allegations of the Complainant and additionally explain his failure to respond to the two earlier requests for information. The Respondent was given fifteen days to respond. He failed to do so.
By certified letter dated July 7, 1999 a second request in BC Docket No. 99-615-10-6 was forwarded to the Respondent with copies of all earlier correspondence. That letter requested a response within ten days, again reminded the Respondent of his obligations under Maryland Rule of Professional Conduct 8.1, and delivery was reflected by the return receipt indicating delivery on July 9, 1999, evidenced by the signature of Krista Warfield. No response was forthcoming.
On July 23, 1999 another letter was forwarded to the Respondent calling to his attention the fact that he had previously ignored four written requests for information. That letter noted an investigator was being assigned to meet with the Respondent but, nonetheless, a written explanation was still expected and required of the Respondent. No response was forthcoming.
On August 27, 1999 Petitioner’s investigator attempted to contact the Respondent by telephone and arrange for a meeting. Although the call was placed at 12:51 p.m. the investigator was informed the Respondent had left for the day. A message was left with the secretary indicating the Respondent needed to return the phone call. Respondent returned the phone call on September 1, 1999 and arranged a meeting with the investigator on September 13, 1999.
Petitioner’s investigator, in preparation for the meeting with Respondent, and not having the benefit of any input from the Respondent, was obliged to investigate independently the factual contention of the Complainant.

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Bluebook (online)
785 A.2d 1260, 367 Md. 36, 2001 Md. LEXIS 939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-of-maryland-v-harrington-md-2001.