Attorney Grievance Commission v. Brown

999 A.2d 1040, 415 Md. 269, 2010 Md. LEXIS 330
CourtCourt of Appeals of Maryland
DecidedJuly 27, 2010
DocketMisc. AG No. 3, September Term, 2009
StatusPublished
Cited by14 cases

This text of 999 A.2d 1040 (Attorney Grievance Commission v. Brown) 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. Brown, 999 A.2d 1040, 415 Md. 269, 2010 Md. LEXIS 330 (Md. 2010).

Opinions

ADKINS, J.

The Attorney Grievance Commission of Maryland (“AGC”), acting through Bar Counsel, filed a Petition for Disciplinary or Remedial Action (“Petition”) against Respondent Martin Bernard Brown. Bar Counsel charged Brown with violating the Maryland Rules of Professional Conduct (“MRPC”) in his capacity as representative of Roberto Garcia. Specifically, Bar Counsel alleged that Brown violated the following rules: (1) Rule 4.1 (Truthfulness in Statements to Others);1 (2) Rule [273]*2738.1 (Bar Admission and Disciplinary Matters);2 and (3) Rule 8.4 (Misconduct).3 Bar Counsel also charged Brown with violating Maryland Rule 16-609(a) and (b), which prohibits certain transactions with regard to attorney trust accounts:

Rule 16-609. Prohibited transactions.
a. Generally. An attorney or law firm may not borrow or pledge any funds required by the Rules in this Chapter to be deposited in an attorney trust account, obtain any remuneration from the financial institution for depositing any funds in the account, or use any funds for any unauthorized purpose.
b. No cash disbursements. An instrument drawn on an attorney trust account may not be drawn payable to cash or to bearer, and no cash withdrawal may be made from an automated teller machine or by any other method. All disbursements from an attorney trust account shall be made by check or electronic transfer.

[274]*274Following a hearing before a judge of the Circuit Court for Baltimore City, the hearing judge issued Findings of Fact and Conclusions of Law, in which she found by clear and convincing evidence that Brown violated Maryland Rule 16-609 and MRPC Rules 4.1(a)(1), 8.1(a), 8.4(c) and 8.4(d).

The AGC’s investigation of Brown was triggered by the complaint of Dianne L. Coston, the grantor of a mortgage to Hilda Nelson that had been assigned to Roberto Garcia. The hearing judge made the following findings of fact by clear and convincing evidence:

(1) Respondent, Martin Bernard Brown, Esq., was admitted as a member of the bar of the Court of Appeals of May 25, 1982 and maintains an office for the practice of law at 1714 St. Paul Street, Baltimore, Maryland 21202.
(2) Respondent has no disciplinary record.
(3) Complainant, Dianne L. Coston, is the owner of a residence at 407 Commonwealth Avenue.
(4) On April 27, 1994, she purchased the residence from the estate of her grand aunt, Alena Bacon. Her aunt, Hilda Nelson, daughter of Alena Bacon, was the personal representative and sole heir of the estate.
(5) In connection with this transaction, Ms. Coston executed a mortgage in favor of Ms. Nelson in the amount of $11,000.00.
(6) In December 2001, she refinanced the property through a commercial lender.
(7) As part of the refinancing, she was required to pay off the mortgage. At the time of the refinancing Hilda Nelson had died. The beneficiary of her estate and owner of the mortgage was her son, Roberto Garcia. Mr. Garcia and Ms. Coston are cousins.
(8) The initial check connected to this transaction was issued to the Estate of Hilda Nelson and was never cashed.
(9) On June 20, 2002, the lender issued a second check in the amount of $6,690.00 to respondent and Mr. Garcia. At the time of the issuance of the check, respondent was [275]*275representing Garcia in connection with another matter. He agreed to accept the check on behalf of Garcia.
(10) This check was endorsed by respondent and by Mr. Garcia and deposited in respondent’s trust account on October 7, 2002.
(11) On October 7, 2002, respondent drew on his trust account a check to cash in the amount of $6,690.00, which he gave to Garcia. Respondent only endorsed the check.
(12) The lender did not send a release in conjunction with the check. Mr. Garcia never signed a release in connection with his receipt of the check. Respondent was not Ms. Coston’s attorney and had no obligation to prepare a release for her.
(13) In 2004, Ms. Coston wanted to refinance her home again in order to make needed repairs.
(14) When she attempted to obtain a new loan, she learned that she could not do so because the mortgage had not been released.
(15) On October 18, 2004, Ms. Coston complained to Petitioner about the fact that respondent had not obtained a release of the mortgage from Mr. Garcia.
(16) On October 20 and November 15, 2004, Bar Counsel wrote to Respondent requesting an answer to Ms. Coston’s complaint that she had not received a release from Respondent.
(17) On November 23, 2004, Respondent stated in a letter to Bar Counsel that before he received the complaint he had spoken to Complainant and subsequently “prepared the Release of Mortgage and mailed it to Mr. Garcia’s address.”
(18) He further stated “Thereafter, I received a copy of your letter from Mrs. Coston indicating that Mr. Garcia was incarcerated.” Respondent said that he had spoken to Mrs. Coston twice since receiving the complaint and had advised her that he had sent a release to Mr. Garcia. He concluded his letter by stating “Once I learn where Mr. Garcia is incarcerated, I will forward a release of mortgage to him for his execution and subsequent filing in the Land Records of Baltimore County.”
[276]*276(19) On December 3, 2004, Bar Counsel declined to take any further action on Ms. Coston’s complaint.
(20) A copy of Respondent’s letter was forwarded to Ms. Coston in connection with the dismissal of the complaint.
(21) On September 26, 2007, Bar Counsel wrote to respondent concerning the status of the release after receiving a telephone call from Mrs. Coston stating that she had never received one.
(22) On October 16, 2007, Respondent advised Bar Counsel in a letter that he had spoken to Mrs. Coston. He further represented: “Mr. Garcia never signed the release.” He proposed that Mrs. Coston file a petition to quiet title and that he would help her with this petition.
(23) Contrary to his representations to Bar Counsel and to Mrs. Coston, Respondent did not prepare or send to Mr. Garcia a release at any time. At the time Respondent made the statements to Bar Counsel and Ms. Coston, he knew that he had not sent a release to Mr. Garcia.
(24) Respondent admitted that he had not prepared or sent a release to Mr. Garcia in a statement under oath taken given to Assistant Bar Counsel Fletcher Thompson on March 24, 2008. This was the first time Respondent had advised either Bar Counsel’s office or Ms. Coston that he had never sent any release to Mr. Garcia.
(25) By representing to Ms. Coston that he was attempting to obtain a release from Mr. Garcia when he was not doing so, Respondent contributed to Ms. Coston’s delay in taking action on her own behalf.

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Attorney Grievance Commission v. Brown
999 A.2d 1040 (Court of Appeals of Maryland, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
999 A.2d 1040, 415 Md. 269, 2010 Md. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-brown-md-2010.