Attorney Grievance Commission v. De La Paz

16 A.3d 181, 418 Md. 534, 2011 Md. LEXIS 150
CourtCourt of Appeals of Maryland
DecidedMarch 24, 2011
Docket50, 65, September Term, 2009
StatusPublished
Cited by49 cases

This text of 16 A.3d 181 (Attorney Grievance Commission v. De La Paz) 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. De La Paz, 16 A.3d 181, 418 Md. 534, 2011 Md. LEXIS 150 (Md. 2011).

Opinion

ADKINS, J.

Petitioner Attorney Grievance Commission of Maryland (“AGC”), acting through Bar Counsel, filed two Petitions for Disciplinary or Remedial Action (collectively “the Petitions”) against Respondent Andrew Gregory De La Paz. In August 2009, Bar Counsel charged De La Paz with violating the Maryland Rules of Professional Conduct (“MRPC”) in his capacity as representative of Angelo Callaham. Specifically, Bar Counsel alleged that De La Paz violated the following rules: (1) Rule 1.1 (Competence); 1 (2) Rule 1.3 (Diligence); 2 (3) Rule 1.4 (Communication); 3 (4) Rule 1.5(a) (Fees); 4 (5) *541 Rule 1.16(d) (Declining or Terminating Representation); 5 and (6) Rule 8.4(d) (Misconduct). 6 Later, in December 2009, Bar *542 Counsel produced another list of charges against De La Paz. In connection with his representation of Danny Simons, De La Paz was charged with violating (1) Rule 1.1 (Competence); (2) Rule 1.3 (Diligence); (3) Rule 1.4 (Communication); (4) Rule 1.16(d) (Declining or Terminating Representation); (5) Rule 8.1(b) (Bar Admission and Disciplinary Matters); 7 and (6) Rule 8.4(d) (Misconduct).

The two sets of charges resulted in two different hearings at the Circuit Court for Prince George’s County. In both cases, De La Paz failed to file an answer to Bar Counsel’s Petitions or respond to its Requests for Admissions of Facts and Genuineness of Documents; thus, the factual averments in those Petitions were deemed admitted, in accordance with Md. Rules 2-323(e), 2-613, and 16-754(c). Moreover, De La Paz failed to move to vacate the default orders entered by the hearing judge or to attend the hearings. Regarding Bar Counsel’s August 2009 charges (hereinafter referred to as “AG 50”), the hearing judge issued Findings of Facts and Conclusions of Law, in which he found by clear and convincing evidence that De La Paz violated MRPC Rules 1.1, 1.3, 1.4, 1.5, 1.16(d), and 8.4(d). In a later hearing regarding the December 2009 charges (hereinafter referred to as “AG 65”), the same hearing judge found by clear and convincing evidence that De La Paz violated MRPC Rules 1.1, 1.3, 1.4, 1.16(d), 8.1(b), 8.4(d). Neither party filed exceptions to the *543 hearing judge’s findings of fact or conclusions of law. As a result, we accept the hearing judge’s findings of fact as established for the purpose of determining the proper sanction. See Md. Rule 16-759(b)(2)(A). 8 The AGC recommends disbarment for the protection of the public in the present case. Based upon our de novo review of the record, we agree with the hearing judge’s conclusions, and hold that disbarment is the appropriate sanction for De La Paz’s violations of the Rules of Professional Conduct.

THE HEARING COURT’S FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. AG 50

The AGC’s investigation of De La Paz was triggered by the complaint of Angelo Callaham, a defendant in a civil action who was solicited as a client by De La Paz. 9 The hearing judge made the following findings of fact by clear and convincing evidence:

On or about November 2, 2007, Angelo Callaham was sued in the District Court of Maryland in Prince George’s County. About the same time, [Respondent solicited Mr. Callaham as a client and later agreed] to represent [him] in the lawsuit. At the time of the engagement, Respondent advised Mr. Callaham that he would charge a flat fee of $1,000[.] Mr. Callaham paid the $1,000.00 fee in two installments of $500 each on November 28 and December 20, 2007. At the time of the engagement, Mr. Callaham had not yet *544 been served with the summons in the litigation, and Respondent advised Mr. Callaham to take no action at this time.
At the time of the engagement, Respondent was employed with the Law Offices of Raymond Carignan, Chartered. Pursuant to the employment agreement between Respondent and Raymond Carignan, Respondent received $400.00 of the $1,000.00 fee and the Law Offices of Raymond Carignan, Chartered, maintained the balance.
In the first week of January 2008, Respondent resigned from the Law Offices of Raymond Carignan, Chartered, and began a solo practice in Bethesda, Maryland.
During the period January through March 2008, Respondent spoke with Mr. Callaham, [Mr. Callaham’s] sister, or both on several occasions. During these communications, Respondent informed Mr. Callaham that the summons had not been served on either Mr. Callaham or the other defendant in the case, and that Respondent would let Mr. Callaham know when this occurred. Respondent did not enter his appearance in the pending litigation and made no effort to resolve the dispute which led to the litigation.
On or about April 2008, Respondent began working for a law firm in Baltimore County, Maryland. Respondent failed to notify Mr. Callaham that he had moved his practice and failed to provide sufficient information to Mr. Callaham to enable him to contact the Respondent.
On or about July 2008, Mr. Callaham received a summons to appear in court[.] Following receipt of the summons, Mr. Callaham called and left messages for Respondent^ but] received no return calls from Respondent. On August 8, 2008, Mr. Callaham appeared pursuant to the summons in the District Court of Maryland for Prince George’s County, where Respondent failed to appear at the hearing. On or about August 8, 2008, Mr. Callaham, without the aid of counsel, agreed to enter into a Consent Judgment.
As a result of these actions, on or about August 13, 2008, Mr. Callaham filed a complaint against Respondent to [the AGC]. Mr. Callaham received a $600 refund from the Law *545 Offices of Raymond Carignan, Chartered. Initially, Respondent also agreed to return the $400 he received from the prepaid fee to Mr. Callaham[, with payments beginning on or about May 17, 2009.] Respondent failed to make any payments and ... the Conditional Diversion Agreement was [later] revoked by [the AGC] due to Respondent’s material default.

From these facts the hearing judge found, “by clear and convincing evidence,” that De La Paz violated all of the charged Rules. Specifically, he opined:

A.MRPC 1.1 — Competence
Here, Respondent was engaged to represent Mr. Calla-ham [and] paid in advance for his services. Respondent failed to apprise Mr. Callaham of the status of the case, despite Respondent’s assurances to do so. Respondent neither entered his appearance, contacted the opposing party for a possible resolution to the case, nor provided Mr.

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Bluebook (online)
16 A.3d 181, 418 Md. 534, 2011 Md. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-de-la-paz-md-2011.