Attorney Grievance Commission v. Shaw

766 A.2d 1028, 363 Md. 1, 2001 Md. LEXIS 29
CourtCourt of Appeals of Maryland
DecidedFebruary 13, 2001
DocketMisc. AG No. 75, Sept. Term, 1997
StatusPublished
Cited by22 cases

This text of 766 A.2d 1028 (Attorney Grievance Commission v. Shaw) 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. Shaw, 766 A.2d 1028, 363 Md. 1, 2001 Md. LEXIS 29 (Md. 2001).

Opinions

RAKER, Judge.

The Attorney Grievance Commission, through Bar Counsel, charged Pamela Louise Shaw (Respondent) with violating Maryland Rules of Professional Conduct Rule 1.1 (Competence),1 Rule 1.5 (Fees),2 Rule 8.1 (Bar Admissions and Disciplinary Matters),3 and Rule 8.4(a), (c), and (d) (Misconduct).4 [5]*5Pursuant to Maryland Rule 16-709(b), we referred the charges to Judge Richard T. Rombro of the Circuit Court for Baltimore City to conduct a hearing and make findings of fact and proposed conclusions of law.

After conducting an evidentiary hearing, Judge Rombro concluded that Respondent had violated Rules 1.1,1.5, 8.1, and 8.4(c) and (d).5 In this Court, Respondent excepted to several of the hearing judge’s findings of fact, arguing that they were clearly erroneous. As a threshold matter, Respondent excepted to Judge Rombro’s conclusion that, although on the inactive list, she was subject to attorney discipline. She excepted to the hearing judge’s findings that she failed to respond to a lawful demand of Bar Counsel, that she held herself out as an attorney, that she had little knowledge of the workings of the stock market, that the fee she charged for her services was inordinate, and that she had engaged in the practice of law. She further excepted to the hearing judge’s conclusions of law that she violated Rules 1.1,1.5, 8.1, and 8.4(c) and (d).

In Attorney Grievance v. Shaw, 354 Md. 636, 732 A.2d 876 (1999) (Shaw I) (remanding case for further proceedings), we overruled two of Respondent’s exceptions: (1) that she was [6]*6not subject to discipline by this Court, and (2) that she failed to respond to a lawful demand of Bar Counsel. We held that she was subject to the disciplinary authority of this Court. See id. at 647, 732 A.2d at 881. As to her failure to respond to a lawful demand of Bar Counsel, we noted that, other than stating her exception, she did not further pursue the matter. She failed to meet her burden of proving factual matters in defense of her position by the preponderance of the evidence, and, thus, we overruled her exception. See id. at 646, 732 A.2d at 881. We further held that Judge Rombro’s finding that Respondent held herself out as an attorney was clearly erroneous. See id. at 652, 732 A.2d at 884. In our view, the use of “Esq.” in correspondence alone was insufficient to support a finding that the Respondent held herself out as an attorney. See id. We could not “determine whether an attorney-client relationship was formed between Ms. Towson and the respondent; it is at least possible that, after analyzing the facts and circumstances under which the guardian offered the assignment, and the respondent accepted it, the hearing court could have found that one was entered into.” Id. at 653, 732 A.2d at 884.

We also considered, in Shaw I, the hearing judge’s finding that Respondent violated Rule 8.4(c) by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. See id. at 656, 732 A.2d at 886-87. The sole support for this finding was “respondent’s aforementioned inexperience in undertaking to perform the very task for which the hearing court determined she was ill prepared, but nevertheless holding herself out as competent, presumably because she was a lawyer, when she in fact was not. The findings, thus, may be colored by the hearing court’s conclusion that respondent was holding herself out as a lawyer and undertook the task as a lawyer.” Id. Because the issue of whether Respondent’s conduct was sanctionable was inextricably tied to her status as an attorney, we remanded the matter to the hearing judge for further findings on that issue. See id. at 657, 732 A.2d at 887.

[7]*7On remand, Judge Rombro held a hearing and considered whether Respondent held herself out as a lawyer. The Supplemental Report After Remand reads as follows:

“This Attorney Grievance matter is before this Court on remand with instructions to determine whether there are additional facts in the record to support this Court’s conclusion that the Respondent had been engaged in the practice of law.
“This Court will not review the facts which were set out in its earlier opinion and discussed by the Court of Appeals in its opinion.
“The Court of Appeals stated that this Court had found that the Respondent held herself out as a lawyer and had performed legal work on behalf of the guardian of the estate. The Court of Appeals then noted, “The only support the Court gave for the former finding is the Respondent’s use of the term ‘Esq.’ in correspondence with the disabled person’s guardian.”
“The Court of Appeals had quoted this Court’s findings of fact and conclusions of law in the following statement:
“2. That the Respondent held herself out as an attorney when she was seeking to do work on the Berger matter. The Court notes that her letter of March 1, 1993, ... is signed “Pamela L. Shaw, Esq.”
“This Court was remiss in not setting forth in detail all of the reasons for believing that the work performed was legal work and that the Respondent had held herself out as an attorney. This Court must say, with all due deference, that it believed that the status of the Respondent as a lawyer in this matter was so clear as to need no amplification of reasons. Therefore, this Court merely “noted” that Respondent used the title “Esq.”
“Subsequent to remand, this Court held an additional hearing at which the Respondent again testified and counsel argued their respective positions.
“This Court now restates its prior finding and conclusion of law that the Respondent did in fact hold herself out as a [8]*8lawyer and that the work performed was legal work. This Court relies on the following findings and inferences:
“1. The Respondent submitted bills which, in one instance, was entitled “Fee for professional services rendered.” In neither the original hearing nor the hearing on remand did the Respondent explain what profession, other than legal, the bill represented.
“2. At least one of the bills notes that it is for “meeting with guardian and review of tax documents: $500.00.” Review of tax documents, under the circumstances of this case, is clearly a legal undertaking.
“3. Finally, and in addition to the above, the use of the designation “Esq.” The Court of Appeals held that this does not “automatically create an attorney/client relationship,” but did not say it was not a factor to be considered.
“The record in this case discloses that the attorney for the Respondent requested that this Court recuse itself since the Court was familiar with the underlying Estate. The knowledge that this Court had of the Estate was, however, a matter of public record. Any trial judge hearing this matter would certainly have made himself or herself aware of the administration of the guardianship.
“The unhappy fact is that the Respondent is the third lawyer to be charged by the Attorney Grievance Commission in this same Estate.

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Attorney Grievance Commission v. Shaw
766 A.2d 1028 (Court of Appeals of Maryland, 2001)

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Bluebook (online)
766 A.2d 1028, 363 Md. 1, 2001 Md. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-shaw-md-2001.