Attorney Grievance Commission v. Edib

4 A.3d 957, 415 Md. 696, 2010 Md. LEXIS 526
CourtCourt of Appeals of Maryland
DecidedSeptember 20, 2010
DocketMisc. Docket AG No. 28
StatusPublished
Cited by37 cases

This text of 4 A.3d 957 (Attorney Grievance Commission v. Edib) 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. Edib, 4 A.3d 957, 415 Md. 696, 2010 Md. LEXIS 526 (Md. 2010).

Opinions

HARRELL, J.

The Attorney Grievance Commission (“Petitioner”), acting through Bar Counsel, filed a Petition for Disciplinary or Remedial Action against Timur Ziya Edib (“Respondent”), charging him with professional misconduct arising out of his representation of his client, Gokperi Kismir, principally with regard to the sale of certain real property in Virginia. Petitioner charged Respondent with violating Rule 1.4(a) and (b) (Communication),1 1.16(d) (Declining or Terminating Representation),[699]*6992 1.5(a) (Fees),3 and 8.4(a) and (c) (Misconduct) of the Maryland Rules of Professional Conduct (“MRPC”).4 The [700]*700Honorable Thomas L. Craven of the Circuit Court for Montgomery County, acting as our hearing judge, made findings of fact and conclusions of law regarding the matter. Judge Craven concluded, after conducting an evidentiary hearing, that Respondent did not violate MRPC 1.5(a) or MRPC 8.4(c), but that he violated MRPC 1.16(d) and 1.4, both of which established an MRPC 8.4(a) violation as well.

I.

Judge Craven’s Findings of Fact

Edib was admitted to practice law in Maryland on 12 December 1998. He maintains a law office in Maryland. The thrust of his practice is the representation of Turkish nationals immigrating to, or having business in, the United States. Respondent is fluent in Turkish and maintains dual U.S./Turkey citizenship. The Turkish Consulate in Washington, D.C., sometimes refers people to Respondent, as was the case with Ms. Kismir.

The complaint giving rise to these proceedings was lodged by Gokperi Kismir, Respondent’s former client. Ms. Kismir, a resident of Turkey, is the surviving sister of Mr. Gokperi Kismir (“Decedent”). Decedent resided in Alexandria, Virginia, dying there in May 2005. Ms. Kismir and Decedent apparently did not have a close relationship over the years and the miles. Consequently, she was uncertain whether she was truly his sole heir. Ms. Kismir sought legal assistance in the United States by contacting the Turkish Consul, who referred her to Respondent. After some investigative work, Respondent determined that Ms. Kismir, indeed, was Decedent’s sole heir and that she held thereby marketable title to three pieces of real property in Northern Virginia as part of her inheritance. The circumstances surrounding the sale of one of these [701]*701properties and the conduct of Respondent after he was terminated as her counsel forms the basis for the allegations against Respondent.

Respondent agreed to meet Ms. Kismir at the airport upon her arrival in the U.S. on 13 July 2006. Before the meeting occurred, however, the Turkish Consul put Respondent in contact with a Mr. Bekir Cakmak. Bekir Cakmak apparently knew Decedent to some extent during his life. He also advanced Decedent’s funeral expenses. Bekir Cakmak gave Respondent several addresses of real property in Northern Virginia that Decedent may have owned, as well as names of several of Decedent’s other acquaintances. Respondent spoke with these acquaintances, learning that Decedent had been married (no children), but divorced. He had one or more ex-girlfriends, but no children by them. Ms. Kismir indeed was Decedent’s sole heir. Respondent also learned, after consultation with a Virginia lawyer, that Virginia law provided that any real estate owned by Decedent at his death passed directly to Ms. Kismir outside of probate.5 Respondent determined that the real estate consisted of two condominium apartments and one house, all in Northern Virginia.

Upon Ms. Kismir’s arrival in the U.S., Respondent informed her of what he learned. He also told her he was not admitted to practice law in Virginia. Ms. Kismir, nonetheless, insisted that Respondent represent her in all matters regarding her brother’s death and estate. Additionally, she told Respondent that she wanted his assistance with other matters, such as locating family rings that she believed belonged to her, but had been in Decedent’s possession, as well as with her recently deceased father’s estate.

In short, Ms. Kismir presented Respondent with a wide range of issues—some involving the practice of law and others not implicating the need for legal training necessarily. The [702]*702amount of time and effort that would be required to resolve the matters concerning Decedent’s assets (probate and non-probate), to advise and assist Ms. Kismir in managing and disposing of those assets, and in performing the other tasks she required, was entirely unknown at the inception of this relationship. Moreover, Ms. Kismir had very little money and was unable to afford a retainer fee for Respondent.

Notwithstanding the numerosity and range of the tasks before him, Respondent agreed to represent Ms. Kismir in all of the matters she requested. Respondent and Ms. Kismir signed two contracts on 15 July 2006. The first contract set Respondent’s fee for serving as administrator of the probate estate.6 The second contract related to Respondent’s services in representing Ms. Kismir concerning the other matters. This contract had a provision that established Respondent’s compensation “based on the greater of either Three Hundred Dollars ($300.00) per hour for services rendered or a flat legal commission of fifteen percent (15%) of the gross value for all assets (personal or real property) received and handled through my office or escrow account for your benefit.” Although the contracts were written in English, the discussions between the two, both before contract execution and thereafter, primarily were in Turkish. Judge Craven found that Ms. Kismir understood the agreements and that the terms were fair and reasonable under the circumstances.

Judge Craven also found that Respondent expended considerable time and effort fulfilling his duties as both the administrator of the probate estate and with regards to the disposition of the non-probate real property. Pursuant to his duties as the administrator, Respondent spent a day in New York and [703]*703another in Northern Virginia, inquiring of banks within walking distance of Decedent’s previous workplace and residence, respectively, regarding deposit boxes and accounts he may have maintained. Respondent also negotiated with tenants in the real properties and investigated Decedent’s brokerage accounts. Finally, the hearing judge found that, at Ms. Kismir’s insistence, Respondent accompanied Ms. Kismir on various personal errands while she was in the U.S.

At some point in mid-Summer of 2006, Ms. Kismir decided she wanted to liquidate promptly the real estate. Edib retained Turan Tumbal as the real estate broker (Bekir’s occupation) for these tasks. Respondent advised Ms. Kismir that she should sell the two apartments for just under $300,000, even though their fair market value was greater. This recommendation was intended to avoid a significant tax withholding that would have applied to a sale if the amount were greater than $300,000. Specifically, the goal was avoidance of the Foreign Investment in Real Property Tax Act (“FIRPTA”), 26 U.S.C. § 1445 (2006 & Supp. II 2008). This Act compels the withholding of 10% of the value of real property that is sold for greater than $300,000 if it is sold by a foreigner. See id. Ms. Kismir agreed to sell these properties for just under $300,000.

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Bluebook (online)
4 A.3d 957, 415 Md. 696, 2010 Md. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-edib-md-2010.