Attorney Grievance Commission v. Lee

874 A.2d 897, 387 Md. 89, 2005 Md. LEXIS 261
CourtCourt of Appeals of Maryland
DecidedMay 12, 2005
DocketMisc. Docket AG No. 8, September Term, 2004
StatusPublished
Cited by23 cases

This text of 874 A.2d 897 (Attorney Grievance Commission v. Lee) 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. Lee, 874 A.2d 897, 387 Md. 89, 2005 Md. LEXIS 261 (Md. 2005).

Opinions

HARRELL, J.

Charges were filed by the Attorney Grievance Commission, through Bar Counsel, against Norman Joseph Lee III, Esquire, arising from a complaint made by Mary Ellen Smith [92]*92(“Mary Smith”) relating to the retention of Lee to pursue the release of her husband, John Henry Smith (“John Smith”), from a Maryland prison. After an evidentiary hearing on the allegations in the complaint, Lee was found by the hearing judge to have violated several rules of professional conduct. Lee argues in his exceptions to this Court that the fairness of his hearing was prejudiced because he was denied the ability to introduce, for the purpose of impeachment, the complainant’s assertedly inconsistent statements made by her at the earlier Peer Review proceeding. Lee also argues that Bar Counsel presented testimony and made assertions during the evidentiary hearing that were demonstrably false. Although we shall deny to Lee the ability to utilize at the evidentiary hearing any statements made during the Peer Review proceeding, we remand this matter so that the hearing judge may consider the proffered additional evidence, as identified in Lee’s exceptions.

I.

John Smith, the complainant’s husband, was convicted in 1974 of two counts of first degree murder and two counts of arson after a trial by jury in the Circuit Court for Cecil County. On 6 December 1974, the trial court imposed two concurrent life sentences for the murder convictions. For the two arson convictions, Smith was sentenced to two, thirty year terms to run concurrently with each other, but consecutively to the life sentences.

On 12 April 1976, the Court of Special Appeals reversed one of Smith’s arson convictions on double jeopardy grounds. Smith v. State, 31 Md.App. 106, 113-16, 355 A.2d 527, 532-33 (1976). The other arson conviction was vacated on 5 October 1977 as the result of a successful petition for post-conviction relief filed by the Office of the State Public Defender. Evidence admitted at Lee’s evidentiary hearing in the present disciplinary case indicated that, during the period from 1977 to immediately prior to Smith’s wife’s solicitation of Lee’s services, John Smith filed several additional petitions for post-[93]*93conviction relief relevant to the murder convictions. All were denied.

At the evidentiary hearing on the charges in the present case, Lee testified that, because of his prior successes in securing post-conviction relief for a number of prisoners, he apparently became well known among the State’s prison population as an attorney skilled in post-conviction matters. To assist him with an influx of additional post-conviction and other matters, Lee employed Lester V. Jones, a disbarred, former member of the Maryland Bar. Lee claimed that, although he deferred many of the research duties and other undertakings regarding John Smith’s case to Jones, he supervised Jones’s work and took steps to ensure that Jones did not engage in the unauthorized practice of law.

Lee explained that John Smith began calling his office from the Western Correctional Institute in Cumberland, Maryland (“WCI”), sometime in January 2001, seeking Lee’s advice and an assessment of Smith’s hopes for release. On 3 March 2001, John Smith sent a cover letter and several pages of case documents to Lee’s office in Harford County, addressed to Jones, seeking Jones’s assessment of possible post-conviction relief.1 The letter also requested Jones to inform John Smith of the cost, if he believed the case to be meritorious, of pursuing his matter in court.

On 21 April 2001, Mary Smith met with Jones at Lee’s office in Bel Air, Maryland, to discuss her husband’s case. Mary Smith brought to this meeting a portion of the $3500 retainer quoted by Lee and a box of documents and transcripts related to all aspects of her husband’s original trial and subsequent post-conviction proceedings. She testified at the evidentiary [94]*94hearing in this case that she procured these papers from “the archives in Philadelphia.”2 Although Mary Smith initially testified that the box of documents contained “the entire transcript of the original trial and the post conviction,” she later temporized that she was “not versed in the law” and was unsure of which specific legal documents were in the box. Lee’s view was that, although the box of documents contained several post-conviction transcripts, it did not contain transcripts of John Smith’s original 1974 trial. Mary Smith eventually delivered the balance of Lee’s retainer in June 2001.

On 28 November 2001, Jones wrote to Mary Smith, stating in his correspondence that a “draft Petition” had been “nearly completed,” and that Jones would be forwarding the draft to both John and Mary Smith for their comment. Although Mary Smith testified that she received the 28 November 2001 letter, both she and her husband denied receiving the draft petition.

Lee acknowledged that, during the period between 28 November 2001 and late April 2002, Mary and John Smith made several calls to his office inquiring as to the status of the case. By the end of April 2002, Lee maintained that he had concluded that another post-conviction petition would prove unsuccessful. Despite this conclusion, Lee testified that, in response to Mary Smith’s concerns that Lee was not pursuing her husband’s matter in a diligent manner, Lee sent letters to attorneys who had represented Smith and his co-defendant at their original trials in 1974 seeking the transcripts from those trials. Although these letters facially were copied to both John and Mary Smith, they denied receiving the copies. Lee was unsuccessful in obtaining the transcripts through the correspondence.

Lee claimed that, at this point, he concluded that John Smith’s best option for release from prison would be through the parole process. Then-Governor Parris N. Glendening, [95]*95however, whose term of office would not end until January 2003, had an announced policy of refusing, under most circumstances, to consider the grant of parole for any inmate that was serving a life sentence. Aware of this “life means life” policy, Lee advised John Smith, by telephone, that his best hope for release was to wait until after the inauguration of the next governor in 2003 to request a parole hearing. Although Lee testified that he communicated to John Smith the existence and criteria of the Governor’s “life means life” policy, Lee also testified that, in early 2002, against his advice, John Smith requested that Lee immediately seek a parole hearing. In response to this request, he sent a letter on 29 April 2002 to the Maryland Parole Commission requesting a parole hearing, which subsequently was scheduled for sometime in June 2002. Again, although Lee testified that this letter was copied to both John and Mary Smith, they testified that they never received this correspondence. On 30 May 2002, however, John Smith, acting on behalf of himself and without the knowledge of Lee, asked the parole hearing board to withdraw the request for a parole hearing.3

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Bluebook (online)
874 A.2d 897, 387 Md. 89, 2005 Md. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-lee-md-2005.