Attorney Grievance Commission v. Sheehy

470 A.2d 341, 298 Md. 371, 1984 Md. LEXIS 212
CourtCourt of Appeals of Maryland
DecidedFebruary 1, 1984
DocketMisc. (BV) No. 10, September Term, 1983
StatusPublished
Cited by7 cases

This text of 470 A.2d 341 (Attorney Grievance Commission v. Sheehy) 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. Sheehy, 470 A.2d 341, 298 Md. 371, 1984 Md. LEXIS 212 (Md. 1984).

Opinions

PER CURIAM:

The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against Donald Joseph Sheehy, alleging violations of the disciplinary rules of the Code of Professional Responsibility. We referred the matter, pursuant to Maryland Rule BV9 b, to Judge Raymond G. Thieme, Jr., of the Circuit Court for Anne Arundel County to make findings of fact and conclusions of law. After conducting an evidentiary hearing, Judge Thieme filed detailed findings and conclusions as follows:

“The facts are not in dispute and have been admitted in Respondent’s Answer. With minor modification, the Court [373]*373will adopt the Findings of Fact in Petitioner’s Exhibit 5, which show the following:

“On March 8, 1974, Ms. [Beverly A.] Telfaire was involved in a minor auto accident in the District of Columbia. The driver of the other vehicle was one Raymond Chavis; the owner was the Darling Delaware Co., Inc. Ms. Telfaire was treated by her doctor, Dr. Thomas Dent, for back injuries, and missed at least twelve days from her part-time employment.

“Shortly afterwards, Ms. Telfaire called Mr. Sheehy to discuss the accident. Mr. Sheehy asserted that he would send her an authorization form and a retainer agreement, and did so. Ms. Telfaire sent them back, although there was some question as to whether the Respondent received them or not. Nonetheless, as far as both parties were concerned, an attorney-client relationship had been established.

“For various reasons, Respondent and Ms. Telfaire were rarely in communication. This lack of communication became sufficiently serious to cause Ms. Telfaire to complain to Bar Counsel. Contact between Mr. Sheehy and Ms. Telfaire was reestablished and Ms. Telfaire came to Mr. Sheehy’s office for the first time on April 7, 1976. Ms. Telfaire executed both another retainer agreement and an authorization form, as well as provided a statement reflecting the period that she had missed work. At Respondent’s urging, Ms. Telfaire asked Bar Counsel to close its investigation as she and Respondent had reached an understanding.

“The problems with communication re-commenced. In a January 26, 1977, letter, however, Respondent stated that ‘[a]t the present time I am trying to move Mr. Dent toward a settlement so that we can avoid filing suit.’ This was, of necessity, a misrepresentation, as Mr. Dent was, in fact, Dr. Dent, the physician who treated Ms. Telfaire and not a proper party defendant.

“On March 7,1977, Mr. Sheehy filed a personal injury and property damage action in the Superior Court of the District of Columbia, asking $50,000 in damages against a Thomas [374]*374M. Dent, who, Respondent alleged, was the driver of the vehicle that struck Ms. Telfaire. The matter was designated Civil Action 2175-77, and Respondent obtained a summons that same day to be served on Thomas M. Dent. Mr. Sheehy throughout this period was fully aware that the statute of limitations would expire on March 8, 1977. That Thomas Dent was Ms. Telfaire’s doctor was readily discoverable; Mr. Sheehy had both his address and telephone number. Moreover, the police accident report, which was readily available, showed the owner of the other automobile involved to be Darling Delaware Co., Inc. and the driver to be Raymond Chavis.

“As Mr. Sheehy submitted his complaint, he hand-lettered ‘and John Doe’ next to the typed name of the defendant in the caption. This hand-lettering apparently was written after the complaint had been accepted for filing; in any case, it is not included on the caption of the court jacket.

“In the first week of April 1977, Mr. Sheehy was successful in amending the civil complaint. The amended complaint named neither Thomas M. Dent, nor John Doe, but it did name as defendants Raymond Chavis and Darling Delaware Co., Inc. Mr. Sheehy intended to use employees of Alarm Masters Security Systems, Inc., a company Mr. Sheehy was defending in an unrelated case, to serve process, but process had not been served by April or May, 1977. In June, 1977, a dispute between Mr. Sheehy and Alarm Masters arose which culminated in the severance of their relationship. In late 1977, or early 1978, Respondent discovered that the defendants in Ms. Telfaire’s suit had never been served.

“Rather than pursue the suit any further in court, Respondent decided to reach an accommodation with Ms. Telfaire. Without consulting Ms. Telfaire, and without obtaining specific information regarding her medical expenses or lost wages, Mr. Sheehy valued her damages to be between $500 and $750, and selected a settlement figure of $1,200 which, after deduction of his one-third fee and court costs, would [375]*375net Ms. Telfaire $760. Although Mr. Sheehy spoke with Ms. Telfaire, at no time did he explain the situation to her, or tell her of his intention to pay her out of his own funds. Instead, he misrepresented the ease as still being actively pursued.

“In October, 1978, Mr. Sheehy was offered a position with the District of Columbia Government as Deputy Chief of the Office of Judicial Affairs to draft legislation and legal opinions and to act as liaison to the offices of the Corporation Counsel and the U.S. Attorney. He accepted, and began to wind up his private law practice. Ms. Telfaire, having again had problems making contact with Respondent, filed a second complaint with the office of Bar Counsel.

“Deputy Bar Counsel, Edwin Yourman, obtained Mr. Sheehy’s current office address and telephone number and called on February 27 and 28, as well as on March 1, 2 and 5, 1979, leaving the message that Mr. Sheehy should return his call. Mr. Sheehy did return the call March 5. He represented to Mr. Yourman that he had negotiated a $1,200 settlement on Ms. Telfaire’s behalf. Mr. Yourman forwarded that information, along with Respondent’s new address and telephone number, to Ms. Telfaire.

“At about the same time, Mr. Sheehy directly contacted Ms. Telfaire by mail and reported a $1,200 settlement offer. When Ms. Telfaire telephoned to discuss the offer, she expressed her dissatisfaction, but reluctantly agreed to accept the purported offer. Several weeks later, since she had not received her money, Ms. Telfaire again called Respondent. During this conversation, Mr. Sheehy said ‘as soon as the people would send him the money, that he would send it to [her].’

“Communications again lapsed until May 21, 1979, when Mr. Sheehy told Ms. Telfaire that he would mail her a check for $760 that day. Meanwhile, Respondent had received a tax refund which was the actual source of funds for the check. In due course, Ms. Telfaire received and cashed a [376]*376$760 check drawn on an account labeled ‘Donald J. Sheehy, Attorney-at-Law’. At no time did Respondent ever disclose to Ms. Telfaire the truth.

“In late May or early June of 1979, Ms. Telfaire brought the situation to the attention of Bar Counsel. She explained her efforts to obtain what she thought were the proceeds of the settlement from Mr. Sheehy, she described the check, and pointed out that she had never authorized the Respondent to endorse the settlement check. Bar Counsel docketed Ms. Telfaire’s February 24, 1977, complaint as Sheehy/Telfaire, number 507-78. In a letter dated June 4, 1979, Bar Counsel advised Respondent of the pending investigation, and asked him to address several issues concerning the purported settlement. The letter accurately reflected the information available at that time.

“When Mr.

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Attorney Grievance Commission v. Sheehy
470 A.2d 341 (Court of Appeals of Maryland, 1984)

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Bluebook (online)
470 A.2d 341, 298 Md. 371, 1984 Md. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-sheehy-md-1984.