Attorney Grievance Commission v. Brady

30 A.3d 902, 422 Md. 441, 2011 Md. LEXIS 647
CourtCourt of Appeals of Maryland
DecidedOctober 25, 2011
DocketMisc. Docket AG No. 10
StatusPublished
Cited by27 cases

This text of 30 A.3d 902 (Attorney Grievance Commission v. Brady) 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 v. Brady, 30 A.3d 902, 422 Md. 441, 2011 Md. LEXIS 647 (Md. 2011).

Opinion

BARBERA, J.

On March 1, 2010, the Petitioner, Attorney Grievance Commission, acting through Bar Counsel, brought a Petition for Disciplinary or Remedial Action (“Petition”) against the Respondent, attorney Andre Levell Brady. The petition concerned Respondent’s conduct related to the representation of a client, Sylvia Robinson-Green, in a civil matter. Bar Counsel alleged that Respondent violated the following Maryland Lawyers’ Rules of Professional Conduct (“MRPC”): 1.1 (competence), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.16 (terminating representation), 8.1 (bar admission and disciplinary matters), and 8.4 (professional misconduct).

On March 2, 2010, we assigned the matter to the Honorable Larnzell Martin, Jr., of the Circuit Court for Prince George’s County, to conduct hearings and make findings of fact and conclusions of law pursuant to Maryland Rule 16-752(a)1 and in accordance with Maryland Rule 16-757.2 Petitioner was [446]*446unable to achieve personal service upon Respondent. On February 4, 2011, Petitioner served the Client Protection Fund of the Bar of Maryland, pursuant to Maryland Rules 16-753 and 16-811(c)(l)(x).3 On February 10, 2011, Petitioner filed an Affidavit of Service and Certification of Compliance with Maryland Rule 16-753. Respondent filed no answer. Petitioner filed a Motion for Order of Default and requested that the matter be scheduled for a hearing. The Motion was [447]*447granted on March 25, 2011, and a Notice of the Order of Default was sent to Respondent at his last known address.

Judge Martin held a hearing on April 27, 2011, that was then continued for further hearing on May 18. Respondent failed to appear on both dates. At the hearing, the factual allegations in the Petition for Disciplinary or Remedial Action were deemed admitted, pursuant to Maryland Rule 2-323(e).4 In an Opinion dated May 25, 2011, Judge Martin found by clear and convincing evidence that Respondent violated MRPC 1.1 (competence), 1.3 (diligence), 1.4 (communication), 1.5(a) (unreasonable fee), 1.16 (termination of representation), and 8.4(d) (professional misconduct).5

I.

Judge Martin made the following findings of fact and conclusions of law:

Findings of Fact

The Respondent was admitted to the Bar of the Court of Appeals on December 28, 2004. On or about October 2008, Respondent was de-certified by Order of the Court of Appeals for failing to comply with his Pro-Bono Reporting requirement. On or about April 6, 2009, Respondent was decertified by Order of the Court of Appeals for failing to pay his annual assessment to the Client Protection Fund of the Bar of Maryland.
Respondent is also a member of the Bar of the District of Columbia. On or about April 30, 2009, the Respondent’s right to practice law in the District of Columbia was suspended for non-payment of dues.
[448]*448During times relevant to this matter, Respondent maintained an office for the practice of law in Montgomery and/or Prince George’s Counties, Maryland.
On or about April 21, 2009, Petitioner received a complaint from Sylvia Robinson-Green, (hereafter “Robinson-Green”). The complaint alleged that Respondent represented the Complainant in a civil matter beginning on or about July 2006, that on or about April 2009 Respondent, without prior notification, failed to appear for a hearing and that Respondent’s failure to appear resulted in the dismissal of her case.
Beginning on or about May 1, 2009, and continuing through June 5, 2009, Bar Counsel sent Respondent a series of letters notifying Respondent that Robinson-Green had made a complaint against him and requested that Respondent provide a written response to the allegations contained in Robinson-Green’s complaint. Some of these letters were returned by the Postal Service, but others were not returned.
In a letter dated May 1, 2009, Respondent was also informed that it had come to Bar Counsel’s attention that he was not currently in good standing due to his de-certification for non-compliance with the Pro Bono Reporting requirements.
Respondent failed to respond to Bar Counsel’s letters requesting information concerning the complaint.
On or about June 12, 2009, in an effort to locate the Respondent, Petitioner’s investigator, Dennis F. Biennas, contacted the company that leased office space to the Respondent and determined that Respondent no longer maintained an office at that address.
Respondent failed to notify the Client Protection Fund of the Bar of Maryland of the change of his business address within 30 days of the change in accordance with Maryland Rule 16-811(e) 3.
On or about June 9, 2009, Investigator Biennas was unable to locate Respondent at a residential address ob[449]*449tained by Petitioner. He subsequently determined that the residence had been sold three months previously.
Respondent failed to notify the Client Protection Fund of the Bar of Maryland of the change in his residential address within 30 days of the change in accordance with Maryland Rule 16-811(e) 3.
At trial, Robinson-Green testified that in the end of 2005 or the beginning of 2006, she was looking for a lawyer because of problems she had with the purchase of her home. She went online and found Respondent’s name. She contacted Respondent and he went over the contract and other paperwork for the transaction.
Robinson-Green and Respondent met to discuss her problems at her home on more than one occasion. They never met at Respondent’s office. Respondent agreed to file a lawsuit against two business entities from which Robinson-Green purchased her home. Respondent did not indicate that there would be any limitations on the amount of time he would be able to devote to her case.
On or about July 9, 2007, Respondent provided Robinson-Green a Legal Services Agreement, (hereafter “the Agreement”), providing that Respondent’s firm would “bring or defend all claims and/or proceedings [against three or more entities] with respect to the settlement and construction defects at [Robinson-Green’s] residence ... and assert or controvert all issues therein.”
The Agreement also called for an hourly fee of $220 per hour for member attorneys and lesser amounts for other attorneys and assistants. Only Respondent provided legal services to Robinson-Green.
The Agreement called for an initial deposit of $1,300. Robinson-Green was told to make payments in the amount of $1,300 on the first of each month. Robinson-Green made the initial payment and beginning in August 2007, made $1,300 monthly payments. The first payments were made through a service called PayPal. Subsequent payments were made by personal check. Robinson-Green made the [450]*450monthly payments even though she did not receive statements indicating how many hours Respondent spent on the representation.
Robinson-Green provided all information requested by Respondent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Attorney Grievance Comm'n v. Davis
Court of Appeals of Maryland, 2023
Attorney Grievance v. O'Neill
Court of Appeals of Maryland, 2022
Attorney Grievance v. Frank
236 A.3d 603 (Court of Appeals of Maryland, 2020)
Attorney Grievance Comm'n of Md. v. Edwards
202 A.3d 1200 (Court of Appeals of Maryland, 2019)
Attorney Grievance Comm'n of Md. v. Conwell
200 A.3d 820 (Court of Appeals of Maryland, 2019)
Attorney Grievance v. Conwell
462 Md. 437 (Court of Appeals of Maryland, 2019)
Attorney Grievance Comm'n of Md. v. Thompson
198 A.3d 234 (Court of Appeals of Maryland, 2018)
Attorney Grievance Comm'n of Md. v. Lang
191 A.3d 474 (Court of Appeals of Maryland, 2018)
Attorney Grievance Comm'n of Md. v. Aita
181 A.3d 774 (Court of Appeals of Maryland, 2018)
Attorney Grievance Commission of Maryland v. Framm
144 A.3d 827 (Court of Appeals of Maryland, 2016)
Attorney Grievance Commission v. Stanalonis
126 A.3d 6 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Gray
118 A.3d 995 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Smith
109 A.3d 1184 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Gage-Cohen
101 A.3d 1043 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Narasimhan
92 A.3d 512 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Costanzo
68 A.3d 808 (Court of Appeals of Maryland, 2013)
Attorney Grievance Commission v. Dominguez
47 A.3d 975 (Court of Appeals of Maryland, 2012)
Attorney Grievance Commission v. Heung Sik Park
46 A.3d 1153 (Court of Appeals of Maryland, 2012)
Attorney Grievance Commission v. Garrett
46 A.3d 1169 (Court of Appeals of Maryland, 2012)
Attorney Grievance Commission v. Moeller
46 A.3d 407 (Court of Appeals of Maryland, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
30 A.3d 902, 422 Md. 441, 2011 Md. LEXIS 647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-brady-md-2011.