Attorney Grievance Commission v. Montgomery

460 A.2d 597, 296 Md. 113, 1983 Md. LEXIS 242
CourtCourt of Appeals of Maryland
DecidedMay 31, 1983
Docket[Misc. (BV) No. 12, September Term, 1982.]
StatusPublished
Cited by44 cases

This text of 460 A.2d 597 (Attorney Grievance Commission v. Montgomery) 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. Montgomery, 460 A.2d 597, 296 Md. 113, 1983 Md. LEXIS 242 (Md. 1983).

Opinions

Couch, J.,

delivered the opinion of the Court. Murphy, C. J., dissents in part and concurs in part and filed a dissenting and concurring opinion at page 121 infra.

The Attorney Grievance Commission (Commission), acting through Bar Counsel, filed a petition with us seeking disciplinary action against James Henry Montgomery, Jr., a member of the Maryland bar since 1975. The petition alleged five instances of professional misconduct in the main involving neglect. We referred the matter for hearing, pursuant to Rule BV 9, to a judge (now retired) of the Circuit Court for Baltimore City. Following the hearing, the judge made findings of facts and conclusions of law in each of the five cases. No exceptions were taken by either party. Bar Counsel has recommended a public reprimand. At oral argument before us, counsel for Respondent sought a private reprimand or a "warning.” In justification for his recommendation of a public reprimand, Bar Counsel argues that such sanction is appropriate because: [115]*115The Respondent has contended through oral argument that it was his newness to the bar and his poor economic condition, preventing him from maintaining a stable law office, which led to his failure to keep in touch with his clients.

[114]*114(1) the cases basically involved lack of communication;
(2) there was no evidence of serious prejudice to any client;
(3) there was no prior record of violations by Respondent; and
(4) the acknowledgment by Respondent of his shortcomings and his promise not to repeat them.

[115]*115From our review of the record, we are not persuaded that a reprimand, public or private, is the appropriate sanction and shall order the Respondent suspended from the practice of law for sixty days. We explain.

(1)

Complaint of Antonio G. Rodriguez

Because of some unclear problem Dr. Rodriguez was having with his employer, Morgan State University, he retained the Respondent to represent him in October, 1980. A retainer fee, plus costs, was given to Respondent. There was evidence, and the hearing judge so found, that calls and correspondence to the Respondent went unanswered, although one of the letters from Dr. Rodriguez was misdirected. After talking to another attorney, Dr. Rodriguez wrote to the Respondent in March, 1981, terminating his relationship and demanding a return of the retainer fee. Despite receiving from the Attorney Grievance Commission a copy of Rodriguez’s complaint and discharge letter, Respondent nevertheless filed suit on behalf of Dr. Rodriguez in October, 1981. Dr. Rodriguez, through another attorney, settled his claim against the University in January, 1982. The hearing judge concluded that the Respondent violated Disciplinary Rules 1-102 (A) (1), 2-110 (B) (4), and 6-101 (A) (3).1 While the Commission, in its petition, had alleged violation of two additional Rules, it has taken no exception to the failure of the hearing judge to make any finding with respect thereto, thus we need not address them as we find no evidence to support the allegations.

[116]*116In our view, the record is clear and convincing that the Respondent did violate the Rules, as so found by the trial judge.

(2)

Complaint of Louis and Mary Behrendt

In August, 1977, the Behrendts engaged Respondent to pursue a claim they considered they had against a realty company regarding its alleged inaction in selling their home. The Behrendts were building a new home which, subsequently, was completed in 1979. The basis of this complaint was the inability of the Behrendts to get in touch with Respondent for long periods of time. Initially, from September, 1977, to July, 1978, there was no contact. In July, 1978, Respondent did forward a petition (apparently a declaration) to' the Behrendts, which they signed and returned to him in September, 1978. The Behrendts testified they had no contact with Respondent thereafter for two years although they tried to call him. It appears that a suit was filed in April, 1980, but the Behrendts did not know of this until they themselves contacted the Circuit Court for Baltimore County. Still not hearing from Respondent, the Behrendts engaged new counsel in November, 1980.

[117]*117The hearing judge, having found substantially the above facts, concluded that Respondent violated Disciplinary Rules 1-102 (A) (1) and 6-101 (A) (3) which specifically concern the neglect of a legal matter entrusted to a lawyer. Again, while the Commission charged Respondent with other Rule violations, it has taken no exception to the failure of the hearing judge to consider such violations. We do not address them either, finding no clear and convincing evidence in support thereof. We have reviewed the record and, again, agree with the trial judge.

(3)

Complaint of Abrom Hunter Benton

Respondent was engaged by Mr. Benton in July, 1980, to represent him in an alleged claim he had against his insurance company for damage to his house in a wind and hail storm. While the fee arrangement is not entirely clear, it is certain that Respondent was paid a $500.00 retainer. Mr. Benton was unable to make contact with Respondent and in June, 1981, filed a complaint with the Commission. Respondent did file a suit on Mr. Benton’s behalf in December, 1981, but apparently failed to so notify Mr. Benton. In July, 1982, Mr. Benton learned of the suit when Respondent visited him and had him execute an apparent proof of loss. Mr. Benton testified that he hoped Respondent was still pursuing the matter and that he was "somewhat satisfied” with Respondent’s services.

The hearing judge, after substantially making findings of fact consistent with the above, concluded that Respondent had violated DR 1-102 (A) (1) and 6-101 (A) (3) (neglect). Again, no exceptions were taken by either party.

Upon our review of the record, we agree with the hearing judge.

[118]*118(4)

Complaint of Zola Boone

Having received a termination notice from her employer, Morgan State University, Dr. Boone engaged Respondent to represent her in October, 1980. At this time, Respondent was already representing her in another matter, which was successfully concluded in March, 1981. As to the matter involved in the instant complaint, Respondent knew an injunction action would have to be filed before the end of the year, but he failed to file and Dr. Boone was terminated. Not being able to make contact with the Respondent, Dr. Boone, by letter, discharged him September 30,1981; the same day, unaware of his discharge, Respondent filed suit on her behalf. She was unaware of the suit until November, 1981, when she got a letter from the Attorney General’s office, which was defending the action, seeking Respondent’s address so that contact could be made with him about her case. Finally, it appears that Respondent accepted a $1,600.00 loan from Dr. Boone, unsecured and to be repaid in ten days; the loan remains unpaid. It is unclear to this Court why the hearing judge made no findings of fact regarding the unpaid loan. However, no exceptions were taken by either party.

The hearing judge concluded Respondent had violated DR 1-102 (A) (1) and 2-110 (B) (4) (failure to withdraw after discharge).

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

Related

Attorney Grievance Commission v. McLaughlin
171 A.3d 1205 (Court of Appeals of Maryland, 2017)
Attorney Grievance Commission v. Bocchino
80 A.3d 222 (Court of Appeals of Maryland, 2013)
Attorney Grievance Commission v. Sperling
76 A.3d 1172 (Court of Appeals of Maryland, 2013)
Attorney Grievance Commission v. Walker-Turner
51 A.3d 553 (Court of Appeals of Maryland, 2012)
Attorney Grievance Commission v. London
47 A.3d 986 (Court of Appeals of Maryland, 2012)
Attorney Grievance Commission v. Paul
31 A.3d 512 (Court of Appeals of Maryland, 2011)
Attorney Grievance Commission v. Gisriel
974 A.2d 331 (Court of Appeals of Maryland, 2009)
Attorney Grievance Commission v. Manger
913 A.2d 1 (Court of Appeals of Maryland, 2006)
Attorney Grievance Commission v. Sutton
906 A.2d 335 (Court of Appeals of Maryland, 2006)
Attorney Grievance Commission v. Kreamer
876 A.2d 79 (Court of Appeals of Maryland, 2005)
Attorney Grievance Commission v. Velasquez
846 A.2d 422 (Court of Appeals of Maryland, 2004)
Attorney Grievance Commission v. Tinsky
835 A.2d 542 (Court of Appeals of Maryland, 2003)
Attorney Grievance Commission v. Culver
808 A.2d 1251 (Court of Appeals of Maryland, 2002)
Attorney Grievance Commission v. Barneys
805 A.2d 1040 (Court of Appeals of Maryland, 2002)
Attorney Grievance Commission v. Wallace
793 A.2d 535 (Court of Appeals of Maryland, 2002)
Attorney Grievance Commission v. Lane
790 A.2d 621 (Court of Appeals of Maryland, 2002)
Attorney Grievance Commission of Maryland v. Harris
784 A.2d 516 (Court of Appeals of Maryland, 2001)
Attorney Grievance Commission v. Cassidy
766 A.2d 632 (Court of Appeals of Maryland, 2001)
Attorney Grievance Commission of Maryland v. Jeter
778 A.2d 390 (Court of Appeals of Maryland, 2001)
Attorney Grievance Commission v. Zdravkovich
762 A.2d 950 (Court of Appeals of Maryland, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
460 A.2d 597, 296 Md. 113, 1983 Md. LEXIS 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-montgomery-md-1983.