Attorney Grievance Commission v. Levitt

406 A.2d 1296, 286 Md. 231, 1979 Md. LEXIS 294
CourtCourt of Appeals of Maryland
DecidedNovember 2, 1979
Docket[Misc. Docket (Subtitle BV) No. 34, September Term, 1978.]
StatusPublished
Cited by24 cases

This text of 406 A.2d 1296 (Attorney Grievance Commission v. Levitt) 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. Levitt, 406 A.2d 1296, 286 Md. 231, 1979 Md. LEXIS 294 (Md. 1979).

Opinions

Smith, J.,

delivered the opinion of the Court. Orth, J., filed an opinion at page 240 infra, concurring in part and dissenting in part, in which Murphy, C. J., joins.

We shall here suspend an attorney from the practice of law in this State because of his misrepresentations to a trial judge in connection with a case then pending.

Bar Counsel, acting on behalf of the Attorney Grievance Commission of Maryland, filed a petition with us charging that Jeffrey Alan Levitt, a member of the Maryland Bar since June22, 1970, had violated Disciplinary Rules 1-102 (A) (1), (4), (5), and (6) and 7-102 (A) (5)1. Pursuant to Maryland Rule [233]*233BV9 b the matter was transmitted to the Supreme Bench of Baltimore City to be heard by Judge Paul A. Dorf of the Eighth Judicial Circuit. After a full hearing Judge Dorf submitted to us a well reasoned report and opinion in which he concluded that Levitt had violated DR 1-102 (A) (1) and (4) and DR 7-102 (A) (5).

It will be noted that the disciplinary rules of which Judge Dorf found that Levitt had run afoul forbade violating a disciplinary rule; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and a lawyer’s knowingly making a false statement of law or fact in representing his client. Bar Counsel filed exceptions. He contended that in the light of these findings Judge Dorf also should have found that Levitt violated DR 1-102 (A) (5) relative to engaging in conduct that is prejudicial to the administration of justice and DR 1-102 (A) (6) concerning engaging in any other conduct that adversely reflects on his fitness to practice law. Since Judge Dorf made no finding that Levitt was not guilty of violating these last two rules, it appears to us that he viewed any infraction of these rules as subsumed in his findings concerning dishonesty, fraud, deceit, or misrepresentation and knowingly making a false statement of law or fact. We shall so treat the matter. Levitt’s exceptions amount to a contention that there was no clear and convincing evidence of the violations.

The relevant facts may be briefly summarized. Levitt was president of and resident agent for Court Square Investments, Inc., (Court Square) which owned certain rental housing in Baltimore City. He testified that all of the stock in the corporation was owned by his two minor children and the minor child of a friend. At oral argument before us counsel for Levitt said that at the time with which we are here concerned Levitt’s children were approximately eight and ten years of age and the friend’s child was about the same age. An individual was injured on one of these properties. At about this same time a Baltimore newspaper published an account apparently unfavorable to owners of certain rental property, including Levitt and Court Square. Levitt determined to dispose of this property. The sale was consummated subsequent to this injury. Levitt and Court Square were sued [234]*234in the District Court of Maryland relative to this accident. In due season a judgment by default as to liability was entered against Court Square and Levitt with leave to extend. The order recited that the defendants had “failed to answer interrogatories in accordance with the [prior] Order of th[at] Court ... and ha[d] failed to show cause within the time allowed why th[at] Court should not impose sanction upon them for their failure to answer interrogatories____” The judgment was extended. Levitt entered an order for appeal to the Baltimore City Court on behalf of both defendants. He placed on the order a request for a transcript. On that same day he entered a motion in the District Court “to have judgment stricken... as defendants were not notified of new trial date.” On the latter motion the District Court made an entry to the effect that the motion could not be entertained since an appeal was pending.

In the Baltimore City Court the plaintiff in the action against Levitt and Court Square filed a motion to dismiss the appeal. This plaintiff claimed that Levitt and Court Square had “failed to comply with [Maryland] Rule 1325 (a) in that [they] failed to transmit to the Appellate Trial Court the record within the time provided by the Rule” and no application had been made “for an extension of time within the period provided by the Rule.” It was also alleged that they failed “to provide a copy of transcript of testimony to the Appellees as required by Rule 1326 (d) (2).” In due season this motion came before a judge of the Baltimore City Court. The seeds for this disciplinary proceeding were sown there. Bar Counsel alleged in his petition for disciplinary action that at this hearing Levitt “denied either actual or beneficial ownership” of the property in question in his own name or in the name of Court Square; “denied receiving notice, and/or knowledge of the suit, or of the pleadings at issue in the case ...;” “denied receipt of any interrogatories” filed in that case in the District Court; “denied notice that any interrogatories had been filed in that case,” and “denied any notice of the hearing date” at which judgment was extended. Judge Dorf in his memorandum said:

After reviewing lengthy testimony and a plethora [235]*235of exhibits, this Court construes the issues as follows:
A. Did Respondent make representations before Judge Kaplan pertaining to his knowledge and/or notice of the suit or the pleadings, particularly notice of the March 16, 1976, hearing date, which he knew or should have known were not true?
B. Did Respondent make representations before Judge Kaplan concerning his interest in the particular property and in Court Square Investments, Inc., which he knew or should have known were not true?

The Baltimore City Court judge and counsel for the plaintiff in the District Court proceeding each testified before Judge Dorf. They each stated that Levitt said at the hearing on the motion that he had no knowledge of the District Court proceeding prior to notice of the ultimate judgment. Before Judge Dorf Levitt repeated his assertion that his first knowledge of the case was the day he received notice of the final judgment. Judge Dorf observed, “If this were the extent of testimony, there would be no clear and convincing evidence of misrepresentation before Judge Kaplan as to this issue,” referring to issue A framed by him.

The assertions by Levitt were in the face of two return receipts signed with his name by an admitted secretary in his office (apparently one was a notice to him individually and one was as resident agent for Court Square) reflecting service of process under Maryland District Rule 104 b 2; a letter on his stationery as an attorney to the District Court requesting a postponement in the case, which letter is signed by him per the secretary to whom it was dictated; various letters addressed to the District Court by opposing counsel with copy shown to him; interrogatories filed in the District Court reflecting that a copy was mailed to him, and a motion for sanctions for failure to answer interrogatories with copy shown as mailed to him.

Certain portions of the transcript of the hearing before the inquiry panel were read into the record before Judge Dorf. [236]*236Levitt’s testimony there was diametrically opposed to his statement as to knowledge in the Baltimore City Court matter and to the evidence he gave before Judge Dorf. From it one could learn that Levitt had substantial knowledge of the case prior to the notice of judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Attorney Grievance Commission v. Poverman
103 A.3d 667 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Paul
31 A.3d 512 (Court of Appeals of Maryland, 2011)
Attorney Grievance Commission v. Gordon
991 A.2d 51 (Court of Appeals of Maryland, 2010)
Attorney Grievance Commission v. Siskind
930 A.2d 328 (Court of Appeals of Maryland, 2007)
Attorney Grievance Commission v. Guberman
896 A.2d 337 (Court of Appeals of Maryland, 2006)
Attorney Grievance Commission v. Pennington
876 A.2d 642 (Court of Appeals of Maryland, 2005)
Attorney Grievance Commission v. Post
839 A.2d 718 (Court of Appeals of Maryland, 2003)
Attorney Grievance Commission v. White
731 A.2d 447 (Court of Appeals of Maryland, 1999)
ATTORNEY GRIEV. COM'N OF MARYLAND v. Myers
635 A.2d 1315 (Court of Appeals of Maryland, 1994)
Gray v. State
562 A.2d 1278 (Court of Appeals of Maryland, 1989)
Matter of Discipline of Schmidt
402 N.W.2d 544 (Supreme Court of Minnesota, 1987)
Attorney Grievance Commission v. Gilbert
515 A.2d 454 (Court of Appeals of Maryland, 1986)
Attorney Grievance Commission v. Hines
500 A.2d 646 (Court of Appeals of Maryland, 1985)
Attorney Grievance Commission v. Sherman
454 A.2d 359 (Court of Appeals of Maryland, 1983)
Attorney Grievance Commission v. Heinze
442 A.2d 570 (Court of Appeals of Maryland, 1982)
Attorney Grievance Commission v. Bailey
408 A.2d 1330 (Court of Appeals of Maryland, 1979)
In Re Application of At
408 A.2d 1023 (Court of Appeals of Maryland, 1979)
Attorney Grievance Commission v. Levitt
406 A.2d 1296 (Court of Appeals of Maryland, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
406 A.2d 1296, 286 Md. 231, 1979 Md. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-levitt-md-1979.