Attorney Grievance Commission v. Robertson

929 A.2d 576, 400 Md. 618, 2007 Md. LEXIS 487
CourtCourt of Appeals of Maryland
DecidedAugust 3, 2007
DocketMisc. Docket (Subtitle AG) No. 21 Sept. Term, 2006
StatusPublished
Cited by26 cases

This text of 929 A.2d 576 (Attorney Grievance Commission v. Robertson) 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. Robertson, 929 A.2d 576, 400 Md. 618, 2007 Md. LEXIS 487 (Md. 2007).

Opinions

[622]*622Opinion by

BELL, Chief Judge.

The Attorney Grievance Commission of Maryland, the petitioner, by Bar Counsel, acting pursuant to Maryland Rule 16-751,1 filed a Petition For Disciplinary or Remedial Action against Bonar Mayo Robertson, the respondent. The petition charged, as a result of a complaint by Bar Counsel, that the respondent violated Rules 1.1, Competence,2 1.3, Diligence,3 1.4, Communication,4 5.5, Unauthorized Practice of Law,5 and 8.4, Misconduct,6 of the Maryland Rules of Professional Conduct, as adopted by Maryland Rule 16-812.

[623]*623We referred the case, pursuant to Rules 16-752(a),7 to the Honorable Toni E. Clarke, of the Circuit Court for Prince George’s County, for hearing pursuant to Rule 16-757(c).8 Following a hearing, at which the respondent appeared and participated, the hearing court found facts by the clear and convincing standard, as follows:

“Upon consideration of the evidence presented, including assessing the credibility of the witness, this Court finds, by clear and convincing evidence the facts as set forth herein.

“Defendant was admitted as a Member of the Bar of this Court on December 19, 1990. By Order of the Court of Appeals entered February 7, 2005, by consent, Respondent was suspended from the practice of law in the State of Maryland, effective May 1, 2005.

“In May 2002, Ms. Donna Belle-Trottman, (hereinafter ‘Ms. Belle-Trottman’ or the ‘Client’), retained Respondent to represent her as personal representative of the estate of her deceased daughter in a wrongful death suit. On June 8, 2004, Respondent filed suit in the Circuit Court for Prince George’s County against Spiniello Companies and the Washington Suburban Sanitary Commission. Petitioner’s Exhibits 2 and 3.

[624]*624“On February 7, 2005, Respondent was suspended from the practice of law by Order of the Maryland Court of Appeals. This was a 90-day suspension, to begin on May 1, 2005. Petitioner’s Exhibits 1 and 3. Thereafter, sometime in the spring of 2005, before the effective date of suspension, Respondent and Ms. Belle-Trottman met in his office for her deposition. At that time, Respondent told Ms. Belle-Trottman that he was considering running for political office in Guyana and that, if he did so, William Jackson, Esquire, (hereinafter ‘Mr. Jackson’), would handle her case. He told Ms. Belle-Trottman that he would let her know if he decided to do this. He did not tell her that he was to be suspended as of May 1, 2005. Respondent never advised Ms. Belle-Trottman that he was running for office or that he would be away in the summer of 2005. When Respondent’s suspension took effect on May 1, 2005, Respondent was the only counsel of record in Ms. Belle-Trottman’s wrongful death case in the Circuit Court for Prince George’s County, Maryland.

“In conjunction with Respondent’s Joint Petition to the Court of Appeals requesting a 90-day suspension, he signed an Affidavit stating that he would comply with Maryland Rule 16-760. Pursuant to Maryland Rule 16-760(c), Respondent had a duty to write Ms. Belle-Trottman a letter within fifteen days of the date of the Order, advising her of the Order suspending him from the practice of law and the fact that he would be unable to practice law after the effective date of that Order. The incontrovertible testimony of Respondent was that he did not completely read the Affidavit he signed, nor did he read Maryland Rule 16-760. Petitioner’s Exhibit 3 at 3,10,11, 52-53, and Exhibit 9. Respondent did not at any time mail Ms. Belle-Trottman a letter advising her of his suspension, as required by Maryland Rule 16-760, nor did he know what that Rule required. Respondent did not withdraw as counsel of record as required by Maryland Rule 16-760(c)(5),[9] [625]*625nor did he, at any time advise Ms. Belle-Trottman that Mr. Jackson, or any other attorney, would be representing her.

“Shortly after the suspension took effect, Respondent left the Washington, D.C. area. At that time, he believed that reinstatement would be automatic and that he would not have to file a Petition for reinstatement, as required by Maryland Rule 16-781. Respondent has never filed a Petition for reinstatement.

“On or about June 6, 2005, Defendants Spiniello Companies and Washington Suburban Sanitary Commission filed a Motion for Summary Judgment in Ms. Belle-Trottman’s wrongful death case. Shortly after the filing of this motion, Mr. Jackson, and a paralegal in that office, told Respondent that a Motion for Summary Judgment had been filed. Petitioner’s Exhibit 3 [at] 15. Respondent asked if his name was still on the case and said that if it was, he had to take care of it. Petitioner’s Exhibit 3 [at] H-15. Respondent did not advise Ms. Belle-Trottman of the filing of the Motion for Summary Judgment, or cause anyone to advise her of the filing. Petitioner’s Exhibit 3 [at] 15. Respondent did not file a Motion to Withdraw as counsel after learning of the Motion for Summary Judgment. Petitioner’s Exhibit 3 [at] 15. Respondent’s uncontested testimony was that he believed he would be automatically reinstated before the hearing on the Motion for Summary Judgment and would be able to file a response to it. Petitioner’s Exhibit 3 [at] 19-21. No one filed a response to the Motion for Summary Judgment within the time required by Maryland Rule 2-311(b).

“In July 2005, Respondent received a call from the Attorney who represented him in the suspension case, Thomas Witkop, Esquire, (hereinafter ‘Mr. Witkop’), advising Respondent that additional steps needed to be taken to comply with the Court’s suspension Order, before Respondent could be reinstated. When Respondent received this message, he was out of the [626]*626country and advised Mr. Witkop that he would take care of these matters when he returned. Towards the end of July or the beginning of August 2005, Respondent realized that his reinstatement to the practice of law would not automatically occur after the expiration of the 90-day suspension.

“Respondent continued to remain of record in M s. BelleTrottman’s case; she did not learn of the hearing on the Motion for Summary Judgment through Respondent, or any other attorney. Ms. Belle-Trottman testified that Respondent never advised her of his suspension and that he had to withdraw from her case, nor did he advise her of the pending Motion for Summary Judgment.

“In September 2005, Respondent, with the assistance of a law clerk, prepared a response to the Motion for Summary Judgment in Ms. Belle-Trottman’s case. The response to the motion carried a signature line for Respondent and no signature line for any other attorney. Petitioner’s Exhibits 3 & 5. Respondent gave Mr. Jackson the response to the Motion for Summary Judgment right before the hearing on the Motion. Petitioner’s Exhibit 3 [at] 2Jp. On September 21, 2005, Mr. Jackson appeared on behalf of Ms. Belle-Trottman and filed a Line substituting his appearance as counsel for Respondent’s appearance. On the same date, he filed the response to the Motion for Summary Judgment. Petitioner’s Exhibit 2. After a hearing on the Motion, judgment was entered against Ms. Belle-Trottman. Petitioner’s Exhibit 2.

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929 A.2d 576, 400 Md. 618, 2007 Md. LEXIS 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-robertson-md-2007.