Attorney Grievance Commission v. Reinhardt

892 A.2d 533, 391 Md. 209, 2006 Md. LEXIS 72
CourtCourt of Appeals of Maryland
DecidedFebruary 10, 2006
DocketMisc. Docket AG No. 1, September Term, 2005
StatusPublished
Cited by70 cases

This text of 892 A.2d 533 (Attorney Grievance Commission v. Reinhardt) 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. Reinhardt, 892 A.2d 533, 391 Md. 209, 2006 Md. LEXIS 72 (Md. 2006).

Opinions

RAKER, J.

The Attorney Grievance Commission of Maryland filed a petition with this Court for disciplinary action against Richard J. Reinhardt, alleging violations of the Maryland Rules of Professional Conduct.1 The Commission charged respondent with violating Maryland Rules of Professional Conduct: (1) Rule 1.1 Competence, (2) Rule 1.2 Scope of Representation, (3) Rule 1.3 Diligence, (4) Rule 1.4 Communication, (5) Rule 3.2 Expediting Litigation, and (6) Rule 8.4 Misconduct. Pursuant to Maryland Rule 16-752(a), we referred the matter to Judge Ruth Jakubowski of the Circuit Court for Baltimore County to make findings of fact and proposed conclusions of law. Judge Jakubowski held an evidentiary hearing and concluded that respondent had violated Rules 1.1, 1.2(a), and 1.4(b). Respon[213]*213dent admitted to violating Maryland Rules of Professional Conduct 1.3, 1.4(a) and 3.2.

I.

“The Petitioner has charged Respondent with violating the following rules of Maryland Rules of Professional Conduct.

Rule 1.1. Competence.

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

Rule 1.2. Scope of Representation.

(a) A lawyer shall abide by a client’s decisions concerning the objectives of representation, subject to paragraphs (c), (d) and (e), and, when appropriate, shall consult with the client as to the means by which they are to be pursued. A lawyer shall abide by a client’s decision whether to accept an offer of settlement of a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
(b) A lawyer’s representation of a client, including representation by appointment does not constitute an endorsement of the client’s political, economic, social or moral views or activities.
(c) A lawyer may limit the objectives of the representation if the client consents after consultation.
(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith [214]*214effort to determine the validity, scope, meaning or application of the law.
(e) When a lawyer knows that a client expects assistance not permitted by the rules of professional conduct or other law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer’s conduct.

Rule 1.3. Diligence.

A lawyer shall act with reasonable diligence and promptness in representing a client.

Rule 1.4. Communication.

(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Rule 3.2. Expediting Litigation.

A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

Rule 8.4. Misconduct.

It is professional misconduct for a lawyer to: ...

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice; ...

“The parties entered into a Stipulation (Joint Exhibit 1) in which most of the allegations of Petitioner’s Complaint have been admitted.

“All the Petitioner’s charges against the Respondent arise out of the Respondent’s handling of a personal injury claim of his client, Ms. Bernice Cohen, who was involved in an automobile accident on August 2, 1996. The evidence was undisputed that Ms. Cohen was injured in a multi-vehicle [215]*215automobile accident in Maryland on August 2, 1996. At the time of the accident, Ms. Cohen was a resident of New York and the accident occurred in Maryland. The evidence is also undisputed that within about two days of Ms. Cohen’s release from Johns Hopkins Hospital, sometime in August of 1996, she engaged the Respondent to represent her in any claims resulting from the automobile accident. It is further undisputed that the Respondent assisted Ms. Cohen in making a claim against her spouse’s auto insurance carrier for personal injury protection (PIP) benefits and actually obtained these benefits for Ms. Cohen. It is also undisputed that the Respondent obtained the investigative report, conducted his own investigation and obtained medical reports and bills from Ms. Cohen’s health care provider. Respondent admits that he was unable to obtain a financial settlement from the party and/or parties who caused the accident.

“It is further undisputed that on or about July 30, 1999, the Respondent filed a lawsuit in the Circuit Court for Baltimore County on behalf of Ms. Cohen where he named five Defendants including a corporate entity. It is further undisputed that on or about July 30, 1999, the Circuit Court for Baltimore County did issue summons to the Defendants named in the action. It is further undisputed and admitted by the Respondent that he failed to serve said Defendants and failed to take any further action on Ms. Cohen’s claim. The Respondent further admits that Ms. Cohen wrote to him on January 14, 2000, requesting a status on her case. The Respondent admitted that he did not respond to this letter and in fact lost the file. According to the testimony, he placed the file in a briefcase and later put that briefcase in a closet, obtained a new briefcase, and did not realize that he had left the file in the old briefcase. It is further admitted by the Respondent that on or about February 20, 2001, Ms. Cohen wrote to the Respondent again requesting information about the status of the case and the Respondent admits to not responding to her letter.

[216]*216“The evidence further showed that on September 27, 2001, the Clerk of the Circuit Court for Baltimore County issued a Notice of Contemplated Dismissal pursuant to Maryland Rule 2-507. The exhibits presented by the Petitioner indicated that the notification was sent by mail to the Respondent at his Bosley Road address. In testimony before this Court the Respondent indicated that he does not recall ever receiving the 2-507 notice. Although he admits that he failed to take any action to prevent the dismissal of the Circuit Court lawsuit, he does state that if he had received this notice he would have immediately filed a Motion to Stay the Dismissal under Rule 2-507.

“Furthermore, in reviewing the Respondent’s file that was admitted into evidence in Petitioner’s Exhibit 1, there is no evidence that the 2-507 notification is in the Respondent’s file for Ms. Cohen.

“It is further undisputed that on or about April of 2003, Ms.

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Bluebook (online)
892 A.2d 533, 391 Md. 209, 2006 Md. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-reinhardt-md-2006.