Attorney Grievance Commission v. Dominguez

47 A.3d 975, 427 Md. 308, 2012 WL 2544852, 2012 Md. LEXIS 442
Court of Appeals of Maryland·Decided July 3, 2012·No. Misc. Docket AG No. 47·Published·Cited by 18 cases

Opinion

BATTAGLIA, J.

Denese Dominguez, Respondent, was admitted to the Bar of this Court on June 17, 2008. On October 24, 2011, the Attorney Grievance Commission (“Bar Counsel”), acting pursuant to Maryland Rule 16-751(a),1 filed a “Petition for Disciplinary or Remedial Action” against Dominguez, which incorporated three complaints. The first complaint was filed by [311]*311Ms. Antonia K. Fasanelli regarding Dominguez’s work at the Homeless Persons Representation Project (“Project”). The second and third complaints were related to Dominguez’s representation of Wanda Suter in a wrongful termination action against her former employer, A.L. Goodies General Store.

With respect to the complaint regarding Dominguez’s work at the Project, Bar Counsel alleged that Dominguez violated Maryland Lawyers’ Rules of Professional Conduct 1.1 (Competence),2 1.3 (Diligence),3 1.4 (Communication),4 1.16(d) (Declining or Terminating Representation),5 8.1(b) (Bar Admission [312]*312and Disciplinary Matters),6 and 8.4(a), (c), and (d) (Misconduct) 7 by failing to complete and file expungement petitions on behalf of clients assigned to her, failing to terminate her representation of those clients and to return their records to the Project, failing to communicate with those clients, and by attempting to mislead Bar Counsel by stating that she had not been assigned a client, when, in fact, she knew that the client had been assigned to her. With respect to Dominguez’s representation of Ms. Suter, Bar Counsel alleged that Dominguez violated Maryland Lawyers’ Rules of Professional Conduct 1.1, 1.3, 1.4, and 8.4(a) and (d) by failing to respond properly to discovery requests in an employment suit she initiated on Ms. Suter’s behalf, even after repeated orders from the Circuit Court, which resulted in an award of attorneys’ fees against Ms. Suter; incorrectly informing Ms. Suter that she need not attend a hearing, which resulted in a Show Cause Order requiring Ms. Suter to show cause as to why her case should not have been dismissed with prejudice for Dominguez’s failure to appear in court; and failing to appear in court on behalf of Ms. Suter at a subsequent hearing. In an Order [313]*313dated November 2, 2011, this Court referred the three complaints, which had been consolidated into one Petition for Disciplinary or Remedial Action by Bar Counsel, to Judge Paul A. Hackner of the Circuit Court for Anne Arundel County for a hearing, pursuant to Rule 16-757.8

Dominguez was personally served with a Petition for Disciplinary or Remedial Action, as well as this Court’s Order, Writ of Summons, Interrogatories, Request for Production of Documents, and a Request for Admission of Facts and Genuineness of Documents. She did not file an Answer within fifteen days. An order of default was entered against her. A notice of the default order was mailed to her, as well as a notice of an evidentiary hearing to be held on February 28, 2012. Domin[314]*314guez did not move to vacate the default order and failed to appear at the February 28 hearing.

Dominguez failed to appear at oral argument before this court. Immediately after oral argument, a Per Curiam Order disbarring Dominguez was entered on May 8, 2012. The Order stated:

For reasons to be stated in an opinion later to be filed, it is this 8th day May, 2012,
ORDERED, by the Court of Appeals of Maryland, that the respondent, Denese Dominguez, be, and she is hereby, disbarred, effective immediately, from the further practice of law in the State of Maryland; and it is further
ORDERED that the Clerk of this Court shall strike the name of Denese Dominguez from the register of attorneys, and pursuant to Maryland Rule 16-760(e), shall certify that fact to the Trustees of the Client Protection Fund and the clerks of all judicial tribunals in the State; and it is further
ORDERED that respondent shall pay all costs as taxed by the Clerk of this Court, including the costs of all transcripts, pursuant to Maryland Rule 16 — 761(b), for which sum judgment is entered in favor of the Attorney Grievance Commission of Maryland against Denese Dominguez.

We shall now explain the reasons for Dominguez’s disbarment.

After hearing evidence presented by Bar Counsel, Judge Hackner issued the following Findings of Fact and Conclusions of Law:9

Findings of Fact
Respondent was admitted to the Maryland Bar on June 17, 2008. Respondent maintained a virtual office at 400 [315]*315East Pratt Street, Suite 800 Baltimore, MD 21211 until sometime in 2011, when she no longer utilized the facility. Respondent most recently maintained a law office in her home located at 8552 O’Keefe Drive Severn, Maryland 21144.
Respondent’s Misconduct Related to the Homeless Persons Representation Project
Sometime in June 2006, Respondent began to serve as a volunteer attorney for the Homeless Persons Representation Project, (HPRP). HPRP staff members assigned the Respondent the duty of completing expungement petitions pro bono on behalf of several homeless persons. The expungement filings were time sensitive matters since homeless persons commonly encounter law enforcement officials during their daily routines.
At the November 2009 HPRP attorneys’ meeting, Respondent appeared without her clients’ files and requested permission to send her prepared expungement petitions to HPRP prior to the December 2009 attorneys’ meeting.
By December 2009, HPRP had not received the completed expungement petitions that Respondent had promised to submit at the November attorneys’ meeting.
On December 15, 2009, Respondent and HPRP client, George A. Lee, both signed an HPRP retainer agreement and Mr. Lee’s expungement petition.
On June 29, 2010, Antonia Fasanelli, HPRP Executive Director filed a complaint with the Attorney Grievance Commission. On August 12, 2010, Respondent provided a response to Ms. Fasanelli’s complaint and denied that George Lee was her client. On October 6, 2010, Sterling Fletcher, Commission Investigator, retrieved Respondent’s HPRP files, including Mr. Lee’S file, during Mr. Fletcher’s interview with Respondent. On January 24, 2011, the Respondent entered into a Conditional Diversion Agreement with the supervision of a law practice monitor. Shortly after the Conditional Diversion Agreement was signed, Re[316]*316spondent failed to communicate with both her law practice monitor and Bar Counsel.
Revocation of Respondent’s Conditional Diversion Agreement
On January 24, 2011, the Attorney Grievance Commission approved a Conditional Diversion Agreement between Bar Counsel and Respondent, pursuant to Maryland Rule 16-731(d). By signing the Agreement, Respondent acknowledged engaging in professional misconduct that violated Rules 1.1, 1.3, 1.4(a), 1.16(d), and 8.4(d) of the Maryland Lawyers’ Rules of Professional Conduct in relation to her representation.

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Attorney Grievance Commission v. Dominguez, 47 A.3d 975, 427 Md. 308, 2012 WL 2544852, 2012 Md. LEXIS 442 (Md. 2012).

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