Attorney Grievance Commission v. Good

128 A.3d 54, 445 Md. 490, 2015 Md. LEXIS 870
Court of Appeals of Maryland·Decided December 21, 2015·No. 66ag/14·Published·Cited by 10 cases

Opinion

ADKINS, J.

The Attorney Grievance Commission of Maryland (“AGC”), acting through Bar Counsel, filed two Petitions for Disciplinary or Remedial Action (“petitions”) against Respondent Ta *495 mara Renee Good (“Good”) on August 28, 2014 and January 7, 2015. Bar Counsel charged Good with violating the Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”) in her capacity as a representative of Blaine A. White, Jeanne P. Delaney, Joseph A. Chester, III, Eriss Tubman, Cynthia Lewis, and Paul D. Newman. Specifically, Bar Counsel alleged that Good violated the following rules: (1) MLRPC 1.1 (Competence); (2) MLRPC 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer); (3) MLRPC 1.3 (Diligence); (4) MLRPC 1.4 (Communication); (5) MLRPC 1.5 (Fees); (6) MLRPC 1.15 (Safekeeping Property); (7) MLRPC 1.16 (Declining or Terminating Representation); (8) MLRPC 8.1 (Bar Admission and Disciplinary Matters); and (9) MLRPC 8.4 (Misconduct). In addition, Bar Counsel alleged that Good violated § 10-306 of the Maryland Code (1989, Repl.Vol.2010), Business Occupations and Professions Article.

Pursuant to Maryland Rule 16-752(a), we referred the petitions to the Honorable Nancy M. Purpura (“hearing judge”) of the Circuit Court for Baltimore County to conduct an evidentiary hearing and make findings of fact and conclusions of law. Good did not attend the hearings conducted on April 2, 2015 and August 21, 2015. Following the hearings, Judge Purpura issued findings of fact and conclusions of law, in which she found by clear and convincing evidence that Good violated MLRPC 1.1; MLRPC 1.2(a); MLRPC 1.3; MLRPC 1.4(a) and (b); MLRPC 1.5(a); MLRPC 1.15(a), (c), and (d); MLRPC 1.16(d); MLRPC 8.1(b); MLRPC 8.4(a), (c), and (d); and § 10-306 of the Maryland Code, Business Occupations and Professions Article. Neither Bar Counsel nor Good filed exceptions to the hearing judge’s findings of fact or conclusions of law. Good did not appear before us for oral argument as to sanction. We issued a per curiam order on November 6, 2015, disbarring Good immediately from the practice of law. We now explain the reasons for that order.

THE HEARING JUDGE’S FINDINGS OF FACT

Tamara Good was admitted to the Maryland Bar on December 17, 2008, and maintained a practice in Towson, Maryland. *496 Because the petitions here arose out of six separate client complaints, we set forth the hearing judge’s factual findings pertaining to each client complaint.

Complaint of Blaine A. White

Before retaining Good, Blaine A. White and Virlynn D. Atkinson-White (“Mr. and Mrs. White”) failed to make three months of mortgage payments to their mortgage lender, J.P. Morgan Chase Bank, NA (“Chase”). In May 2012, Mr. and Mrs'. White retained Good to file a lawsuit against Chase. Mr. and Mrs. White paid Good a $500 retainer fee. In December 2012, Good filed a lawsuit against Chase in the United States District Court for the District of Maryland and the timeline of events as found by the hearing judge followed:

On or about March 15, 2013, [Good] filed an Amended Complaint and Demand for Jury Trial. On March 15, 2013, [Good] filed a Motion for Extension of Time to file a Response to Chase’s Motion to Dismiss. On March 29, 2013, Chase filed a Motion to Dismiss Mr. and Mrs. White’s case. On April 16, 2013, [Good’s] Motion for Extension was denied by the court, although the court allowed her to submit a response by April 17, 2013. On April 22, 2013, [Good] filed a Response to Chase’s Motion.
On April 22, 2013, Chase filed a Motion for Rule 11 Sanctions. [Good] did not file a response to Chase’s Motion for Sanctions. 1

In June 2013, Good emailed Mr. White advising him that she was awaiting the court’s opinion. Shortly thereafter, Mr. White emailed Good requesting a status update. Later that month, the federal judge granted Chase’s motion to dismiss the amended complaint and Chase’s motion for sanctions, but *497 granted the Whites’ motion for leave to file a second amended complaint. Good, however, never filed a second amended complaint on behalf of Mr. and Mrs. White.

Mr. and Mrs. White were unable to reach Good and obtain status updates regarding their case. Mr. and Mrs. White “repeatedly” attempted to telephone Good during the summer of 2013, but she did not return their phone calls. Mr. and Mrs. White also emailed Good in October and November 2013 requesting a status update of their case, but Good did not respond to these requests. The hearing judge found that despite the Whites’ telephone calls and emails, Good “failed to inform Mr. and Mrs. White that their case was dismissed or file additional pleadings on their behalf.”

Complaint of Jeanne Delaney

In June 2010, Jeanne Delaney retained Good to file a bankruptcy petition on her behalf. During Delaney’s initial meeting with Good, she provided Good with a check in the amount of $1,329.00 for legal services. Good’s “total attorney’s fees for Ms. Delaney’s case, including the plan payments and the initial payment of $1,329.00 totaled $4,904.00.”

After this meeting, the hearing judge found that:

On June 21, 2010, [Good] filed Ms. Delaney’s Chapter 13 bankruptcy petition in the United States Bankruptcy Court, District of Maryland (Case Number 10-23937). Ms. Delaney continued to make Plan payments over the next three years. On December 20, 2013 Ms. Delaney received a notice from the bankruptcy court informing her that her case would be closed without proper discharge. [Good] failed to file the letter of discharge for Ms. Delaney.
Shortly thereafter, Ms. Delaney repeatedly attempted to contact [Good] to no avail. [Good] did not return Ms. Delaney’s phone calls. Ms. Delaney sought assistance from Legal Aid and was able to complete the Debtor’s Affidavit Requesting Discharge pro se. On January 8, 2014, Ms. *498 Delaney’s bankruptcy was discharged. 2

Complaint of Joseph Chester

In October 2012, Joseph Chester retained Good to file a bankruptcy petition with the United States Bankruptcy Court, District of Maryland. Chester is retired from the United States Postal Service and currently suffers from scleroderma and arthritis. Chester paid Good a total of $1,481 in attorney’s fees.

After filing a bankruptcy petition on behalf of Chester, Good telephoned Chester at 11:00 A.M. on October 15, 2013 to inform him that he needed to be present at a hearing at the bankruptcy court at 2:00 P.M. on the same day. Prior to October 15, 2013, Chester had not been provided sufficient notice that his presence was necessary at the bankruptcy court.

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Attorney Grievance Commission v. Good, 128 A.3d 54, 445 Md. 490, 2015 Md. LEXIS 870 (Md. 2015).

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