Attorney Grievance Commission v. Patton

69 A.3d 11, 432 Md. 359, 2013 WL 3215167, 2013 Md. LEXIS 420
CourtCourt of Appeals of Maryland
DecidedJune 27, 2013
DocketMisc. Docket AG No. 24
StatusPublished
Cited by10 cases

This text of 69 A.3d 11 (Attorney Grievance Commission v. Patton) 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. Patton, 69 A.3d 11, 432 Md. 359, 2013 WL 3215167, 2013 Md. LEXIS 420 (Md. 2013).

Opinion

GREENE, J.

The Attorney Grievance Commission of Maryland (“Petitioner”), acting pursuant to Maryland Rule 16-751(a),1 filed a “Petition For Disciplinary or Remedial Action” against Richard Valentine Patton, III (“Respondent” or “Patton”), and we referred the case to the Honorable David W. Young, Circuit Court for Baltimore City, to conduct a hearing. On June 12, 2012, Respondent was personally served with the Petition for Disciplinary or Remedial Action as well as interrogatories and a request for documents relating to his practice of law. When Patton failed to answer the Petition or provide documents twenty-three (23) days after service,2 Petitioner filed and was granted a Motion for Order of Default.

After Respondent filed his Answer untimely, on or about August 1, 2012, Petitioner filed and was granted a Motion to Vacate Order of Default, Motion to Compel, Motion to Shorten Time to Respond to Petitioner’s Motion to Compel, Motion for Mental Examination, and Motion to Shorten Time to Respond to Petitioner’s Motion for Mental Examination. A scheduling conference was held on August 23, 2012, where Petitioner and Respondent agreed, on the record, that Respondent would provide Petitioner with discovery documents by Monday, August 27, 2012. When Respondent failed to provide documents as agreed, on August 29, 2012, Petitioner filed a Motion for [364]*364Sanctions and a Motion to Shorten Time to Respond to Petitioner’s Motion for Sanctions. The hearing court granted the Motion to Shorten Time to Respond to Petitioner’s Motion for Sanctions and directed Respondent to file a written response within five (5) days.

Judge Young held an evidentiary hearing on September 20, 2012. Petitioner’s Motion for Sanctions was also considered and Respondent admitted to failing to respond to Petitioner’s request for information and documents. After consideration of arguments from both Petitioner and Respondent and the record in the case, the hearing judge granted Petitioner’s Motion for Sanctions. The hearing judge then ordered that, during the disciplinary hearing, Respondent would not be permitted to offer any documents, evidence, or testimony that would contradict the charges in the Petition and that Respondent would only be allowed to testify as to mitigation. Because Respondent has admitted to failing to respond to Petitioner’s request for information and documents and did not file a timely answer to Petitioner’s complaint, the averments in the complaint are considered admitted.3

Based upon, among other things, testimony from a number of witnesses, the hearing judge entered the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

“Richard Valentine Patton, III ... has been a member of the Maryland Bar since June 15, 2004.” At the time of the underlying incidents, “he maintained a solo law practice in Maryland.”

Bar Counsel

In 2010 and 2011 Respondent sublet office space at 11 E. Lexington Street in Baltimore from Harold Weisbaum. Near the end of 2011 Respondent was asked to move out of the [365]*365office and change his mailing address after he failed to pick up his mail, Respondent’s clients came looking for him and it became impossible to reach him by telephone. On December 12, 2011, Mr. Weisbaum contacted the Attorney Grievance Commission. On December 16, 2011, Respondent was directed by Bar Counsel to update his address with the Client Protection Fund and courts where he had entered appearances as well as the firm’s website. “Respondent did not change his mailing address with the Client Protection Fund or courts until March of 2012[,]” and, “[i]n August 2012, communications from Respondent’s bank regarding his IOLTA account were still being delivered to 11 E. Lexington Street.”

Several times Respondent failed to appear in the Circuit Court for Baltimore County on behalf of clients Danielle N. Kraemer, Andrew R. Lloyd, Kevin R. Jones, and Harry J. Gillis. Respondent was unavailable when repeated attempts were made by clients, opposing counsel, and judges to contact him after he had scheduled court appearances on behalf of clients. Clients would appear in court without counsel and were forced to resolve their cases without the benefit of Respondent’s representation — for which they had paid. In the case of Danielle N. Kraemer, where she was hospitalized and unable to appear in court on April 7, 2011 (and had timely notified Respondent), a bench warrant was issued for her arrest after Respondent failed to notify the court of Ms. Kraemer’s hospitalization. Ms. Kraemer filed, pro se, a motion to quash the warrant.

In April 2011, the Honorable Susan Souder, one of the judges before whom Respondent had failed to appear, referred him to the Baltimore County Lawyer Assistance Committee. After Judge Souder was advised that Respondent was non-cooperative, both she and the Honorable Thomas Bollinger, another judge before whom Respondent had failed to appear, filed a complaint with the Attorney Grievance Commission.

On October 19, 2011, when Respondent failed to appear for a second time on behalf of Andrew R. Lloyd in a case before the Honorable John Grason Turnbull, II, Judge Turnbull sent [366]*366a letter to Respondent requiring him to explain his unexcused absences. When Judge Turnbull received no response from Respondent, Judge Turnbull filed a complaint with the Attorney Grievance Commission on November 1, 2011. On November 28, 2011, Respondent again failed to appear before Judge Turnbull on behalf of his client Kevin R. Jones, notifying only the State’s Attorney’s office that he would not appear because of medical reasons.

Respondent was also involved in various criminal offenses during the period he was neglecting his clients’ affairs. The hearing judge found that “[o]n April 18, 2011, Respondent was indicted for illegal possession of a firearm, discharging a firearm and possessing a controlled dangerous substance (oxycodone) in the Circuit Court for Baltimore County [ ].” The hearing judge further found that this case resulted in a stet conditioned on Respondent’s consent: (1) to the “forfeit[ure of] all interest in any property seized in the execution of the search warrant including any firearms and weapons;” (2) to the completion of a 28-day inpatient and 48 week after care program through the Right Turn Addictions Program; (3) to provide a status update to the State upon completion of the inpatient program and then every other month throughout the after care program, and (4) to remain law abiding.

Respondent did not complete the Right Turn inpatient program, or any other inpatient program, he did not provide any status updates to the State and he did not remain law abiding. In fact, on August 26, 2011, the morning after he agreed to the stet, Respondent was charged with driving negligently and impaired by the consumption of alcohol and drugs. He pled guilty to negligent driving and the State entered a nolle prosequi to the remaining charges. In the five months that followed this incident, Respondent was cited twice (on September 30, 2011 and January 13, 2012) for exceeding the speed limit.

In addition, during the period of December 2011 to June 2012, Respondent was summoned for jury duty in Baltimore County and he failed to return the Jury Qualification Form [367]*367and appear for jury duty. At a show cause hearing on June 27, 2012, Respondent appeared and was fined $500 to be paid within 30 days.

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Cite This Page — Counsel Stack

Bluebook (online)
69 A.3d 11, 432 Md. 359, 2013 WL 3215167, 2013 Md. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-patton-md-2013.