Attorney Grievance Commission v. Trye

118 A.3d 980, 444 Md. 201, 2015 Md. LEXIS 497
CourtCourt of Appeals of Maryland
DecidedJuly 27, 2015
Docket34ag/14
StatusPublished
Cited by15 cases

This text of 118 A.3d 980 (Attorney Grievance Commission v. Trye) 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. Trye, 118 A.3d 980, 444 Md. 201, 2015 Md. LEXIS 497 (Md. 2015).

Opinions

[205]*205McDonald, J.

There is a saying, sometimes attributed to Abraham Lincoln, that a lawyer who represents himself has a fool for a client. A corollary, perhaps, is that such a client has a lawyer who may be blinded by self-interest to the standards of professional conduct. This case concerns an attorney who represented herself for a time in her own divorce litigation, and who made some unfortunate choices that included misrepresentations to the court, a mortgage lender, and others, and the deceptive alteration of draft settlement documents for her own advantage. As a result, she loses her license to practice law in Maryland.

I

Background

A. Procedural Context

On August 1, 2014, the Attorney Grievance Commission of Maryland (“Commission”) filed a Petition for Disciplinary or Remedial Action against Shauntese Curry Trye alleging several violations of the Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”) arising out of an alleged fraudulent power of attorney, alleged fraudulent transfer of real property, misrepresentations to a mortgage lender, misconduct in her divorce litigation (including the fraudulent alteration of a draft settlement agreement and consent order), misrepresentation in a military service affidavit, and the failure to file income tax returns for several years. The Commission alleged that Ms. Trye violated MLRPC 3.2 (expediting litigation) 3.3(a)(1) & (4) (false statement to tribunal), 3.4(c) & (d) (fairness to opposing party), 4.1(a) (false statement to third party), 4.2 (communication with person represented by counsel), 8.4(c) (dishonest conduct) and 8.4(d) (conduct prejudicial to the administration of justice).

This Court designated Judge Videtta Brown of the Circuit Court for Baltimore City to conduct an evidentiary hearing, [206]*206and to provide findings of facts and recommended conclusions of law regarding the alleged violations.

Following the hearing, the hearing judge issued a memorandum detailing her findings of fact and conclusions of law. The hearing judge found clear and convincing evidence that Ms. Trye committed some, but not all, of the alleged violations of the MLRPC. Ms. Trye filed exceptions to both the findings of fact and conclusions of law. The Commission excepted to some of the conclusions of law, arguing that the facts found by the hearing judge proved all of the charged violations. This Court held oral argument on May 12, 2015, to consider the parties’ exceptions and recommendations as to sanction.

B. Facts

We accept the hearing judge’s findings of fact unless clearly erroneous. Maryland Rule 16 — 759(b)(2)(B). The hearing judge’s findings of facts and the undisputed matters in the record provide the basis for the facts which follow. Ms. Trye’s exceptions to the findings of fact are discussed below with the findings to which they relate.

Bar Admission

Ms. Trye was admitted to the Maryland Bar on December 16, 2003. Since her admission, she has practiced law in Baltimore as a solo practitioner and as a partner in various law firms.

Marriage

In September 2003, Ms. Trye married Stephen Trye. To their union, one child was born. In June 2012, Ms. Trye filed for divorce in the Circuit Court for Baltimore County. According to court records, a judgment of absolute divorce was ultimately entered on April 23, 2015.1

[207]*207 Real Property Related to Allegations of Misconduct

Pertinent to this case, Ms. Trye and Mr. Trye maintained the following two properties during their marriage: (1) 1304 Idylwood Road, Pikesville, Maryland (“Idylwood Road property”) and (2) 11 Whispering Court, Owings Mills, Maryland (“Whispering Court property”).2 Mr. Trye had owned the Idylwood Road property prior to the marriage. During the marriage, Mr. Trye alone purchased the Whispering Court property, in which the couple resided together for a time.

Transfer of Title to Idylwood Road Property

Mr. Trye was incarcerated for a period of time during the years 2002 through 2005.3 During his imprisonment, Mr. Trye executed at least two powers of attorney (“POA”) naming Ms. Trye as his agent.4 On June 23, 2004, the Idylwood Road property was conveyed from Mr. Trye to Mr. and Ms. Trye as tenants by the entirety. On October, 14, 2004, the property was again conveyed, this time from Mr. and Ms. Trye to Ms. Trye alone. Ms. Trye prepared this deed and signed her name as Mr. Trye’s attorney in fact.

The Commission alleged that Ms. Trye had fraudulently retitled the property to encumber it with loans for her own benefit. Based on the testimony of both Mr. and Ms. Trye, the hearing judge concluded that they were both trying to refinance the Idylwood Road property at a time when Mr. Trye was in prison and that the POAs and title transfers were [208]*208related to that effort. The hearing judge concluded that there was no evidence of fraud on Ms. Trye’s part in the creation of the POAs and the deeds — in particular, that there was not clear and convincing evidence that the transfer of title to the Idylwood Road property to Ms. Trye alone was fraudulent.

False Representation on Loan Modification Request for Idyl-wood Road Property

During 2013, Ms. Trye submitted applications for loan modifications with respect to the Idylwood Road property to GMAC Mortgage (“GMAC”) and OCWEN Loan Servicing, LLC (“OCWEN”). In connection with those applications, Ms. Trye represented, on various occasions, to GMAC, OCWEN, or both that the Idylwood Road property was owner-occupied, her primary residence, not a rental property, or vacant at the time of the application. The hearing judge found that all of those representations were false.

In fact, at the time of applications, Ms. Trye did not live in the Idylwood Road property, but rented it to Melvin and Rebecca Truesdale. Although the Truesdales had originally dealt with Mr. Trye as their landlord, in August 2012 Ms. Trye directed them to make rental payments directly to her bank account. She never terminated their lease or evicted them. From January to March 2013 and May to September 2013, Ms. Trye received and accepted rental payments from the Truesdales. During her testimony in her divorce case on June 6, 2013, in the Circuit Court for Baltimore County, she stated that she intended for the Truesdales to remain in the Idyl-wood Road property.

The hearing judge found that, from 2006 to 2013 (except for a short period of time), Ms. Trye lived exclusively at the Whispering Court property and intended to stay there. In an email dated March 15, 2013 relating to the foreclosure of the Whispering Court property, Ms. Trye explained, “I currently reside in the home with my four year old son ... I anticipate the Court awarding me three years use and possession of the family home ... In addition, I have been granted exclusive [209]*209use and possession of the home until December 17, 2014 ... I am interested in continuing to live in the home ...”

The hearing judge found that Ms.

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Bluebook (online)
118 A.3d 980, 444 Md. 201, 2015 Md. LEXIS 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-trye-md-2015.