Attorney Grievance Commission v. Camus

42 A.3d 1, 425 Md. 417, 2012 WL 1382232, 2012 Md. LEXIS 207
CourtCourt of Appeals of Maryland
DecidedApril 23, 2012
DocketMisc. Docket AG No. 15, September Term, 2011
StatusPublished
Cited by3 cases

This text of 42 A.3d 1 (Attorney Grievance Commission v. Camus) 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. Camus, 42 A.3d 1, 425 Md. 417, 2012 WL 1382232, 2012 Md. LEXIS 207 (Md. 2012).

Opinion

McDonald, J.

The Attorney Grievance Commission (the “Commission”) charged Constance A. Camus with violating numerous provisions of the Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”). The alleged violations all arose during Ms. *420 Camus’ representation of two clients in domestic relations matters. Pursuant to Maryland Rules 16-752(a) and 16-757, we referred the matter to Judge Pamela L. North of the Circuit Court for Anne Arundel County to conduct a hearing and to provide findings of fact and recommended conclusions of law.

After a two-day hearing, Judge North concluded that Ms. Camus had committed all but one of the types of violations charged by the Commission, including violations of MLRPC 1.1 (duty to provide competent representation); 1.2(a) (duty to abide by client decisions regarding objectives of representation); 1.3 (duty to act with reasonable diligence and promptness); 1.4(a),(b) (duty to inform and consult with client); 1.5(a),(d) (prohibition against unreasonable fees); 1.15(a),(d) (duty to keep safe funds of client or third parties); 1.16(d) (duty to protect client interests after termination of representation); 3.4(c) (duty to obey an obligation under rules of a tribunal); 8.1(b) (duty to respond to lawful demand from disciplinary authority); 8.4(b) (prohibition against commission of a criminal act that reflects adversely on fitness); 8.4(c) (prohibition against conduct involving dishonesty, fraud, deceit, or misrepresentation); and 8.4(d) (prohibition against conduct prejudicial to the administration of justice). 1

Although Ms. Camus did not dispute the findings of fact, she filed exceptions to Judge North’s conclusions of law. This Court held a hearing to consider those exceptions and the appropriate sanction. For the reasons stated below, we conclude that Ms. Camus committed the violations found by Judge North and that she must be disbarred.

Background

Ms. Camus was admitted to the Maryland Bar in 1997. During the period relevant to this proceeding, she operated a solo practice focused on family law in Edgewater, Maryland. *421 By her own testimony, she had a caseload of six to eight clients at that time. The alleged violations arose out of her representation of two of those clients. 2

The Martin Complaint

After obtaining a protective order against her son’s father, Robin D. Martin needed legal representation for a hearing in that case in the Circuit Court for Anne Arundel County. A mutual friend introduced her to Ms. Camus, who agreed to represent her at the hearing for a $2,000 fee, which was paid by the friend. At the hearing on July 13, 2009, Ms. Camus entered her appearance and negotiated a consent order.

After the proceeding, Ms. Camus and Ms. Martin discussed Ms. Martin’s pending custody action in the circuit court. Ms. Camus agreed to represent her in the custody action if Ms. Martin, who owned a cleaning service, would come to Ms. Camus’ home once a week to clean and do other chores. This arrangement was not put in writing. From August 2009 until early January 2010, Ms. Martin went to Ms. Camus’ home on most Fridays to clean and do chores.

As the custody case proceeded, Ms. Martin continued to receive mailings directly from the court because Ms. Camus had not entered her appearance in the case, despite Ms. Martin’s repeated requests that she do so. Because there was no attorney of record in the case, opposing counsel also sent notices and discovery requests directly to Ms. Martin. At an October 28, 2009, scheduling conference with the domestic relations master at which Ms. Camus appeared, she was given the opportunity to enter her appearance, but did not do so. The master recommended that Ms. Camus be directed to enter her appearance within 10 days, and the circuit court issued an order to that effect on November 2, 2009. Nevertheless, Ms. Camus never entered her appearance in the case. Judge North found that Ms. Camus’ testimony that she simply *422 forgot to enter her appearance was not credible, in light of the various requests by her client, her representations to opposing counsel, and the court order.

There were other instances of neglect. For example, although Ms. Camus discussed responses to discovery requests with both Ms. Martin and opposing counsel, she never completed or filed responses and never submitted discovery requests to the opposing party. When Ms. Martin told Ms. Camus that her son’s father had violated the protective order, Ms. Camus took no action. 3 According to Ms. Martin, when she asked questions about the status of her case, Ms. Camus became angry and threatened to terminate the representation.

When Ms. Camus did not attend a December 22, 2009, hearing concerning a violation of the consent order, Ms. Martin found another attorney to represent her. The substitute attorney called Ms. Camus to request the case file. Ms. Camus said the file could be picked up from her home, but did not have it ready when Ms. Martin attempted to retrieve it. In January 2010, Ms. Camus told Ms. Martin’s mother that she was mailing the file to the new attorney, but never did so. Ms. Camus eventually provided Ms. Martin with a few documents, including business cards of police officers, discovery requests, a litigation timeline, and a witness list.

On February 2, 2010, Ms. Martin filed a complaint against Ms. Camus with the Commission. After two requests by Bar Counsel, Ms. Camus eventually provided a belated written response to the complaint.

The Eyles Complaint

In June 2009, Donna Smith Eyles was in negotiations to settle her contested divorce. Dissatisfied with a proposed settlement recommended by her lawyer at the time, Ms. Eyles searched online for a new attorney and found Ms. Camus. After some preliminary research, Ms. Camus agreed that Ms. *423 Eyles should not take the settlement and should, instead, challenge the enforceability of a prenuptial agreement. Ms. Eyles signed a retainer agreement on June 20, 2009, which set a rate of $250 per hour for Ms. Camus’ services, and paid a $3,000 retainer. Shortly thereafter, Ms. Camus entered her appearance on behalf of Ms. Eyles and the divorce trial was scheduled for September 11, 2009.

In July 2009, Ms. Camus told Ms. Eyles that she had spent considerable time researching the enforceability of the prenuptial agreement and would require an additional $5,000 payment. Ms. Eyles sent the payment on July 23 and requested a billing statement. Ms. Camus did not respond to that request.

In August 2009, Ms. Eyles, who had recently moved to Texas, contacted Ms. Camus for advice about a joint bank account that she had with her estranged husband. Ms. Camus advised Ms. Eyles to take the money out of the account and transfer it into Ms. Camus’ trust account for safekeeping. On August 12, Ms. Eyles transferred $11,900 from the joint account to Ms. Camus’ trust account. Ms. Eyles did not believe that the money would be used for legal fees.

Around this time, Ms.

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

Related

Attorney Grievance v. Miller
223 A.3d 976 (Court of Appeals of Maryland, 2020)
Attorney Grievance Commission v. Haley
118 A.3d 816 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Alston
53 A.3d 1142 (Court of Appeals of Maryland, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
42 A.3d 1, 425 Md. 417, 2012 WL 1382232, 2012 Md. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-camus-md-2012.