Attorney Grievance Commission v. Sweitzer

911 A.2d 440, 395 Md. 586, 2006 Md. LEXIS 759
CourtCourt of Appeals of Maryland
DecidedNovember 20, 2006
DocketMisc. Docket AG No. 69, Sept. Term, 2005
StatusPublished
Cited by50 cases

This text of 911 A.2d 440 (Attorney Grievance Commission v. Sweitzer) 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. Sweitzer, 911 A.2d 440, 395 Md. 586, 2006 Md. LEXIS 759 (Md. 2006).

Opinions

[589]*589BATTAGLIA, J.

The Attorney Grievance Commission of Maryland (“Petitioner”), acting through Bar Counsel and pursuant to Maryland Rule l6-75l(a),1 filed a petition for disciplinary or remedial action against Respondent, Barry E. Sweitzer, on December 30, 2005, in which there were two complaints included, one by Bar Counsel, and the other by a client, James L. Sebold. With respect to the Complaint of James L. Sebold, it was alleged that Respondent violated Maryland Rule of Professional Conduct 1.3 (Diligence)2 by failing to act with reasonable diligence and promptness in recording a deed conveying land to Mr. Sebold, which Respondent prepared, in the Land Records of Garrett County. With respect to the complaint of Bar Counsel, it was alleged that Respondent acted deceitfully when he, under the penalties of perjury, presented a Gift Certification Form that contained a forged signature of his former wife to the Motor Vehicle Administration (“MVA”), misrepresented the nature of the transaction by presenting the Gift Certification Form for a vehicle purchased at auction, and misrepresented that he had his former wife’s authority to sign the Gift Certification Form on her behalf, in violation of Rule 8.4(b), (c), and (d) (Misconduct).3

[590]*590In accordance with Maryland Rules 16-752(a)4 and 16-757(c),5 we referred the petition to Judge Donald E. Beachley of the Circuit Court for Washington County for an evidentiary hearing and to make findings of fact and conclusions of law. Judge Beachley held a hearing on May 9, 2006, and on June 1, 2006, issued Findings of Fact and Conclusions of Law, in which he found by clear and convincing evidence that Respondent had violated Maryland Rules of Professional Conduct 1.3 with respect to Mr. Sebold’s complaint and 8.4(c) and (d) with respect to Bar Counsel’s complaint:

Findings of Fact and Conclusions of Law

“The Court finds that, except as otherwise indicated, the following facts have been established by convincing evidence:
“1. Respondent graduated from West Virginia University Law School and was admitted to the Maryland Bar on December 16,1999.
“2. Respondent is currently a member in good standing of the Maryland Bar.
I. Findings of Fact Concerning Complaint of Bar Counsel (Re: Transfer of TahoelPresentation of Gift Certification Form to MV A)
“3. Respondent and Cristine Kepple were married on August 17, 1991. They separated in March, 2001 and were [591]*591divorced by a Judgment of Absolute Divorce dated April 21, 2004.
“4. Pursuant to an Order issued by the Circuit Court for Garrett County, Maryland dated July 14, 2004, certain items of personal property were to be sold at auction. One of the items to be sold at auction was a 1997 Chevrolet Tahoe titled in the joint names of Respondent and Ms. Kepple. “5. Respondent’s father, acting as the agent of the Respondent, purchased the 1997 Chevrolet Tahoe at the public auction on September 23, 2004 for $2,700.00. Respondent had intended to personally bid on the Tahoe, but he was arrested when he arrived for the auction.
“6. Ms. Kepple signed the back of the Maryland Certificate of Title for the Tahoe (Petitioner’s Exhibit 5) and delivered it to the auctioneer prior to sale.
“7. Due to her concern that Respondent may attempt to register the Tahoe without transferring title to his sole name, Ms. Kepple wrote to the Motor Vehicle Administration (“MVA”) to seek the agency’s assistance in ensuring that Respondent transfer title to the vehicle prior to its registration. A copy of Ms. Kepple’s letter to the MVA dated September 27, 2004 was admitted as Petitioner’s Exhibit 4.
“8. On November 17, 2004, Respondent went to the MVA office in Cumberland for the purpose of transferring title to the Tahoe to his sole name. He was assisted at the MVA by customer service agent Eva Gibbs. Respondent presented Ms. Gibbs with the Maryland Certificate of Title for the Tahoe and corresponding Gift Certification form. The Certificate of Title was properly signed by Respondent and Ms. Kepple.
“9. In accordance with standard procedure, Ms. Gibbs entered the relevant information into the computer and discovered a ‘flag’ pertaining to this vehicle. The ‘flag’ denoted ‘Investigative Services’ on the computer and was apparently generated as a result of Ms. Kepple’s letter dated September 27, 2004.
[592]*592“10. Uncertain of the significance of the ‘flag,’ Ms. Gibbs took both documents to consult with her supervisor. The supervisor directed Ms. Gibbs to retain the Certificate of Title and Gift Certification form and specifically not give the documents to Respondent.
“11. Ms. Gibbs returned to the customer service counter, at which time she advised Respondent there was a problem with the transaction. Respondent asked Ms. Gibbs, “What’s the problem?,’ to which Ms. Gibbs responded, T don’t know.’ “12. Respondent then asked Ms. Gibbs if he could look at the paperwork (Certificate of Title and Gift Certification form). Ms. Gibbs, contrary to her supervisor’s instructions, gave the two documents to Respondent, at which time he tore off the Gift Certification form which had been stapled to the Certificate of Title and left the MVA office. Respondent did not take the Certificate of Title, which was left on the counter.
“13. The Gift Certification form presented to Ms. Gibbs was not produced at the hearing. However, Ms. Gibbs testified that a signature that purported to be Respondent’s appeared on the ‘Signature of Giver’ line and a signature purporting to be Cristine Kepple or Cristine Kepple Sweitzer appeared on the ‘Signature of Co-Giver’ line. When questioned by the Court concerning her recollection of the signatures, Ms. Gibbs said she was ‘pretty sure’ that the signature for Ms. Kepple was not in a representative capacity-
“14. Respondent testified that he signed his name on the ‘Signature of Giver’ line and that he signed ‘Barry Sweitzer for C.K. Sweitzer’ or ‘B.E. Sweitzer for C.K. Sweitzer’ on the ‘Signature of Co-Giver’ line. Respondent testified that he had the authority to sign the Gift Certification form on behalf of his wife based on statements made by Ms. Kepple’s divorce attorney.
“15. As set forth in the Conclusions of Law, infra, the Court cannot find by clear and convincing evidence that the Gift Certification form presented by Respondent to Ms. [593]*593Gibbs contained a signature purporting to be Ms. Kepple’s signature.
“16. Respondent concedes he had no direct, express authority to sign the Gift Certification form on behalf of Ms. Kepple. Ms. Kepple confirmed that she did not authorize Respondent to sign the Gift Certification form on her behalf and she had no intention of making a gift to Respondent.
“17. The divorce proceeding between Respondent and Ms. Kepple was not amicable. According to Respondent, Ms. Kepple would use every possible means to cause him difficulty, including the filing of criminal charges.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Attorney Grievance Commission v. Mahone
150 A.3d 870 (Court of Appeals of Maryland, 2016)
Attorney Grievance Commission v. Ucheomumu
150 A.3d 825 (Court of Appeals of Maryland, 2016)
Attorney Grievance Commission v. Young
124 A.3d 210 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Trye
118 A.3d 980 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Burghardt
110 A.3d 703 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Adams
109 A.3d 114 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Mixter
109 A.3d 1 (Court of Appeals of Maryland, 2015)
Attorney Grievance Commission v. Litman
101 A.3d 1050 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Levin
91 A.3d 1101 (Court of Appeals of Maryland, 2014)
Attorney Grievance Commission v. Colton-Bell
76 A.3d 1096 (Court of Appeals of Maryland, 2013)
Attorney Grievance Commission v. Stillwell
73 A.3d 243 (Court of Appeals of Maryland, 2013)
Attorney Grievance Commission v. Kremer
68 A.3d 862 (Court of Appeals of Maryland, 2013)
Attorney Grievance Commission v. Jones
52 A.3d 76 (Court of Appeals of Maryland, 2012)
Attorney Grievance Commission v. Van Nelson
40 A.3d 1039 (Court of Appeals of Maryland, 2012)
Attorney Grievance Commission v. Paul
31 A.3d 512 (Court of Appeals of Maryland, 2011)
Attorney Grievance Commission v. Keiner
27 A.3d 153 (Court of Appeals of Maryland, 2011)
Attorney Grievance Commission v. Coppola
19 A.3d 431 (Court of Appeals of Maryland, 2011)
Attorney Grievance Commission v. Elliott
12 A.3d 105 (Court of Appeals of Maryland, 2011)
Attorney Grievance Commission v. Fox
11 A.3d 762 (Court of Appeals of Maryland, 2010)
Attorney Grievance Commission v. Thaxton
1 A.3d 470 (Court of Appeals of Maryland, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
911 A.2d 440, 395 Md. 586, 2006 Md. LEXIS 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-sweitzer-md-2006.