Attorney Grievance Commission v. Kremer

68 A.3d 862, 432 Md. 325, 2013 WL 3155597, 2013 Md. LEXIS 371
Court of Appeals of Maryland·Decided June 24, 2013·No. Misc. Docket AG No. 15·Published·Cited by 57 cases

Opinion

HARRELL, J.

Dean Clayton Kremer was admitted to the Maryland Bar on 18 December 1989. He practiced personal injury and bankruptcy law in Columbia, Maryland, until 2011. On 13 April 2012, the Attorney Grievance Commission of Maryland (“AGC”), acting through Bar Counsel, filed against Kremer a Petition for Disciplinary or Remedial Action (“Petition”), pursuant to Rule Ib^SRaXl).1 The Petition, based on four complaints made by former clients, charged Kremer with numerous violations of the Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”), including: MLRPC 1.1 (Competence), MLRPC 1.3 (Diligence), MLRPC 1.4 (Communication), MLRPC 1.16(d) (Declining or Terminating Representation), MLRPC 8.1(b) (Failure to Respond to Disciplinary Authority), and MLRPC 8.4(d) (Conduct Prejudicial to the Administration of Justice).2

Kremer was served with a Writ of Summons and the Petition on 18 May 2012. He was required by Maryland Rule 16-754 to respond to the Petition within fifteen days of service, but failed utterly to do so. Consequently, an Order of [329] Default was entered against him on 28 June 2012. The case was referred to Judge Louis Becker of the Circuit Court for Howard County, pursuant to Maryland Rule 16-752(a).3 An evidentiary hearing occurred on 4 September 2012. At the evidentiary hearing, Bar Counsel presented ex parte proof, consisting of several affidavits and the testimony of Michael H. Peregoy, an investigator for the AGC. Kremer did not attend the evidentiary hearing or file a response to the Petition. Based on the evidence before him, Judge Becker found that Kremer’s conduct violated MLRPC 1.1, 1.3, 1.4, 1.16(d), 8.1(b), and 8.4(d).

I. PROCEEDINGS BEFORE THE HEARING JUDGE

Judge Becker’s findings of fact and conclusions of law state as to each complaint:

Mary R. Whitley Complaint
[Whitley] retained [Kremer] on 19 November 2010 to file a Chapter 7 bankruptcy petition. She made an initial payment of $600.00 and a final payment of $599.00 on [17 December 2010]. Between January 2011 and July 2011, [Whitley] made approximately twenty telephone calls to [Kremer], inquiring into the status of her case. [Kremer] was generally unresponsive to her inquiries. When he did return her calls, he reported little or no progress on her case.
On [8 June 2011], [Whitley] wrote to [Kremer] noting he had failed to provide her with the bankruptcy petition for her signature and that he had not responded to her telephone messages. On [8 May 2011], [Whitley] wrote to [330] [Kremer] again detailing her attempts to reach him and his lack of response or action on the case. [Whitley] wrote to [Kremer] on [5 August 2011], indicating that she had not heard from him since [8 June 2011] when he had promised to file her Chapter 7 petition no later than July 2011. She reported to [Kremer] that this delay was causing her emotional distress. Although [Whitley] provided [Kremer] with all the information requested to prepare her bankruptcy petition and paid his fee and court costs, [Kremer] did not file her bankruptcy petition, did not refund the funds paid to him, and has not kept her informed of the status of her case.
Christina Goddard Complaint
[Goddard] retained [Kremer] in August 2010 to file a bankruptcy petition. She paid him $1199.00 for his fee and court costs. [Kremer] failed to file any petition on her behalf. [Goddard] attempted to reach [Kremer] by telephone, but was unable to do so because his telephone line was either disconnected or unable to accept messages. [Kremer] has not refunded any portion of the fee.
Robert T. Taylor Complaint
[Taylor] retained [Kremer] to represent him in a Chapter 13 bankruptcy proceeding in October 2010. [Taylor] paid a filing fee of $274.00. A week later, he paid [Kremer] his fee of $1,200.00. [Kremer] had several meetings and hearings postponed, and when scheduled, failed to attend the hearings. A Chapter 13 plan was to be filed by [4 November 2011], but [Kremer] failed to file it. [Taylor] was unsuccessful in reaching [Kremer] by telephone or facsimile because [Kremer’s] phone was disconnected or unable to accept messages. [Taylor’s] case was dismissed due to [Kremer] missing a court date. [Taylor] had to retain new counsel to complete the work on his case. [Kremer] has not refunded any portion of his fee.
John M. Klipsch Complaint
[Klipsch] and his then-wife met with [Kremer] in June 2010 to discuss filing a bankruptcy petition. They made [331] installment payments through February 2011, paying [Kremer’s] $1,200.00 flat fee and the $299.00 filing fee. By the time the last payment was made, the Klipsches were divorced, so they paid [Kremer] an additional payment of $100.00 to file the petitions separately. [Klipsch] and his former wife understood that [Kremer] would not file the petitions until the fee was paid in full. After the final payment was made, [Klipsch] and his former wife did not hear from [Kremer] for six weeks, despite many attempts to contact him by telephone, e-mail, and text message. Around the beginning of April, [ ]Kremer told [Klipsch] that he would file the petitions. A hearing was set for [25 July 2011], but [Kremer] had the hearing postponed. Ultimately, the Bankruptcy Court dismissed the petitions and [Kremer] never re-filed the petitions. [Klipsch’s] subsequent numerous e-mails and other messages were unsuccessful in getting [Kremer] to act on the case. After [Klipsch] filed a complaint to the [AGC], [Kremer] made a full refund to [Klipsch] and returned his documents.
The [AGC] received complaints from [Whitley], [Goddard], [Taylor] and [Klipsch], Copies of the complaints were forwarded by Assistant Bar Counsel to Kremer’s office address[4] Investigator Peregoy met with [Kremer] at Kremer’s residence on [30 November 2012], [Peregoy] gave [Kremer] copies of the complaints and explained to him that he was required to submit written responses. [Kremer] acknowledged his duty to attend to his client matters and told [Peregoy] that some of the clients were due refunds of the legal fees paid to him. [Kremer] further acknowledged that he had abandoned his law office, leaving the client files there. [Kremer] agreed to submit written responses to the complaint but failed to do so. Assistant Bar Counsel forwarded copies of the complaints to [Kremer’s] home address on [9 December 2011], again requesting a written response.

[332] Peregoy testified that, when he served Kremer at his home with the Petition, Kremer stated that “he had been suffering from depression for a number of years and had recently suffered a ‘nervous breakdown.’ ”

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Attorney Grievance Commission v. Kremer, 68 A.3d 862, 432 Md. 325, 2013 WL 3155597, 2013 Md. LEXIS 371 (Md. 2013).

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