Attorney Grievance Commission v. Snyder

956 A.2d 147, 406 Md. 21, 2008 Md. LEXIS 510
CourtCourt of Appeals of Maryland
DecidedSeptember 9, 2008
Docket13, September Term, 2007
StatusPublished
Cited by13 cases

This text of 956 A.2d 147 (Attorney Grievance Commission v. Snyder) 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. Snyder, 956 A.2d 147, 406 Md. 21, 2008 Md. LEXIS 510 (Md. 2008).

Opinions

BATTAGLIA, J.

The Attorney Grievance Commission of Maryland (“Petitioner”), acting through Bar Counsel and pursuant to Maryland Rule 16-751(a),1 filed a petition for disciplinary or remedial action against Respondent, Albert R. Snyder, on June 7, 2007. Bar Counsel alleged that Respondent violated Maryland Rules of Professional Conduct (“MRPC”) 1.1, governing [24]*24lawyer competence,2 and MRPC 1.16, pertaining to declining and terminating representation.3

In accordance with Maryland Rules 16-752(a) and 16-757(c),4 we referred the petition to Judge Kathleen L. Beckstead of the Circuit Court for Wicomico County for an evidentiary hearing and to make findings of fact and conclusions of law. Judge Beckstead held an evidentiary hearing on October 12, 2007, and on November 5, 2007, issued the following findings of fact and proposed conclusions of law, in which she found by clear and convincing evidence that Respondent had violated MRPC 1.1 and 1.16:

Findings of Fact
Based on the testimony and exhibits produced at the hearing, the Court finds the following facts to be established by clear and convincing evidence:
[25]*251. Mr. Snyder ... was admitted to the Bar to the Court of Appeals of Maryland on January 11, 1971. . . . Since 1996 he has engaged in the practice of immigration law from his home.
2. [O]n May 31, 2005, Mr. Snyder was retained by Gabriel Carmona, a Mexican citizen, to represent him in connection with removal proceedings instituted by the United States Department of Homeland Security. The Carmonas paid $2,180.00 in attorney’s fees to Mr. Snyder. Mr. Snyder represented Mr. Carmona at a hearing in the United States Immigration Court on January 31, 2006, where he elected and was granted voluntary departure from the United States in lieu of removal. Mr. Snyder’s theory of the case was to delay Mr. Carmona’s departure from the United States for the longest legitimate time, gain voluntary departure, and then facilitate consular processing of an immigrant visa.
3. Mr. Snyder did not pursue cancellation of removal for Mr. Carmona. His records do not reflect that he inquired into or investigated this preferred form of relief with Mr. Carmona. His records and his personal recollection fail to explain any legitimate reason why this form of relief was not explored. Although Mr. Carmona was eligible to qualify for cancellation of removal, Mr. Snyder failed to advise Mr. Carmona that had he been ordered removed, he could have sought the relief of cancellation of removal if he could prove that he had resided in the United States for at least ten years and that his removal from the country would cause exceptional and extreme unusual hardship to his wife and children. Cancellation of removal would be the most favorable option to the client and pursuing cancellation of removal would not prejudice Mr. Carmona’s right to pursue voluntary departure, if the former form of relief were denied. Mr. Snyder’s failure to make adequate investigation into Mr. Carmona’s eligibility for cancellation of removal and pursue this relief constitutes a deficiency in representation.
[26]*264. In February 2006, the Carmonas retained new counsel, Claudia Flowers, who advised them of Mr. Carmona’s rights to pursue cancellation of removal. Ms. Flowers filed a petition to reopen Mr. Carmona’s case, which was granted.
5. On February 26, 2006, Mr. Carmona wrote to Mr. Snyder requesting a refund of his attorney fees of $2,155.00. Mrs. Carmona sent Mr. Snyder an email on March 7, 2006, requesting a return of said funds. A second email was sent by the Carmonas on March 30, 2006.
6. On September 15, 2006, Mr. Snyder wrote to the Carmonas, proposing that he refund two-thirds of their fee. On October 13, 2006, Mrs. Carmona wrote Mr. Snyder accepting the offer. She wrote him again on November 15, 2006, to inquire why she had not received the refund. On August 14, 2007, approximately ten months after the Carmona’s acceptance, and two months after this Petition was filed, Mr. Snyder sent a certified check to Mr. Carmona for $2,180.00 for the entire fee plus $163.50 for interest.
Conclusions of Law
This Court finds from the above facts that Respondent violated the following Rules of Professional Conduct:
1. Rule 1.1 Competence
Rule 1.1 provides that:
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
Respondent failed to provide competent representation to his client when he:
(1) failed to properly investigate Mr. Carmona’s eligibility for cancellation of removal.
(2) failed to advise Mr. Carmona of his eligibility for cancellation of removal, which was the most favorable option.
(3) failed to pursue cancellation of removal.
Mitigating factors to the above include:
[27]*27(1) Mr. Carmona may or may not be granted cancellation of removal because the hearing is still pending. If denied cancellation of removal, voluntary departure would be the client’s next most favorable option.
(2) Mr, Carmona recovered quickly from Mr. Snyder’s failures during his representation and Mr. Snyder assisted in every way to avoid prejudice to Mr. Carmona.
2. Rule 1.16 Declining or Terminating Representation
Rule 1.16(d) provides that:
Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law.
Respondent failed to follow Rule 1.16(d) when he:
(1) acknowledged that the Carmonas were due a refund, yet only offered the Carmonas a refund of two-thirds of their fee in September 2006.
(2) failed to return the entire undisputed amount to Mr. Carmona until August 14, 2007. This amount should have been returned unconditionally within a reasonable time, certainly no later than the end of November, 2006. Mitigating factors to the above include:
(1) Mr. Snyder admitted that a portion of the fee was due to Mr. Carmona.
(2) Mr. Snyder ultimately refunded all fees due to the Carmonas plus additional interest.

DISCUSSION

Neither Petitioner nor Respondent took exception to the hearing judge’s findings of fact or conclusions of law. There[28]

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Attorney Grievance Commission v. Snyder
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Bluebook (online)
956 A.2d 147, 406 Md. 21, 2008 Md. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-snyder-md-2008.