Attorney Grievance Commission v. Walker-Turner

51 A.3d 553, 428 Md. 214, 2012 Md. LEXIS 474
CourtCourt of Appeals of Maryland
DecidedAugust 22, 2012
DocketMisc. Docket AG No. 16
StatusPublished
Cited by31 cases

This text of 51 A.3d 553 (Attorney Grievance Commission v. Walker-Turner) 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. Walker-Turner, 51 A.3d 553, 428 Md. 214, 2012 Md. LEXIS 474 (Md. 2012).

Opinion

HARRELL, J.

The Attorney Grievance Commission of Maryland, acting through Bar Counsel (“Petitioner”), filed a petition for disciplinary or remedial action, pursuant to Maryland Rule 16-751(a)(1),1 against John Wayne Walker-Turner (‘Walker-Turner”), a Maryland attorney with offices in Prince George’s County. Petitioner charged that Walker-Turner’s conduct representing clients Leslie’s Limousine’s Service (“Leslie”) and Leslie Anderson individually (“Anderson”), the owner of the business, violated the following Maryland Lawyers’ Rules of Professional Conduct (MLRPC): 1.1 (Competence);2 1.2(a) (Scope of Representation and Allocation of Authority Between Client and Lawyer);3 1.3 (Diligence);4 1.4(a) and (b) (Com[219]*219munication);5 and 8.4(a) and (d) (Misconduct).6 Pursuant to Maryland Rules 16-752(a) and 16-757(e), we designated the Honorable Julia Weatherly of the Circuit Court for Prince George’s County to conduct an evidentiary hearing and file written findings of fact and conclusions of law in this matter.

Judge Weatherly held such a hearing on 10 January 2012. Based on her assessment of the record (and according to the applicable standards of proof), she concluded that Walker-Turner violated MLRPC 1.1, 1.3, 1.4(a)(2) and (b), and 8.4(a) and (d). Walker-Turner filed exceptions to Judge Weatherly’s findings and conclusions. For reasons we shall explain, we overrule Walker-Turner’s exceptions and direct that he be suspended from the practice of law for a period of 60 days.

I. BACKGROUND

A. Judge Weatherly’s Findings of Fact

On 19 September 2006, Walker-Turner entered his appearance on behalf of Leslie and Anderson in the District Court of Maryland, sitting in Prince’s George’s County, in the civil [220]*220matter of Yellow Book Sales & Distribution Company T/A Yellow Book USA v. Leslie’s Limousine Service, Inc. Yellow Book was seeking contractual damages against Walker-Turner’s clients. The trial was set for 26 January 2007 at 8:45 a.m. in Upper Marlboro. Walker-Turner negotiated (although not face-to-face) with Yellow Book’s attorney, Michael Botsaris, reaching in principle a settlement agreement the day before the scheduled trial. During the negotiation process, Walker-Turner was in communication with Anderson.

The terms of the settlement agreement, in principle, provided that Anderson and Leslie would pay Yellow Book $6,500 in two installments: $2,100 due on or before 31 January 2007 and $4,400 due on or before 26 April 2007. If Anderson and Leslie did not make payments according to the terms of the agreement, Yellow Book would be entitled to a consent judgment for the full amount requested in the original Statement of Claim, which exceeded the settlement amount. Botsaris, who apparently Walker-Turner had not met face-to-face previously, reduced the agreement to writing and faxed a signed copy to Walker-Turner’s office at 5:10 p.m. the night before the scheduled trial. In turn, Walker-Turner requested that Anderson come to his office and sign the written settlement agreement that evening and told him that he did not need to appear in court the next day if he signed the agreement. Anderson was not available that evening, but indicated that he would come to Walker-Turner’s office for that purpose before 8:00 a.m. the next day. At 8:30 a.m. on the day of the trial, Anderson had not arrived at the law office so Walker-Turner drove to the courthouse.

On his way to the courthouse, Walker-Turner attempted unsuccessfully to contact Anderson via cell phone and also looked for him in the District Court wing of the courthouse when he arrived. Walker-Turner looked in the courtroom where the case was scheduled to be tried, but found no judge on the bench. He did not check-in with the courtroom clerk, however, to determine where the Yellow Book case was on the docket or when it might be called. After leaving the courtroom, Walker-Turner called Anderson again on his cell phone [221]*221from the courthouse hallway and reached him. Anderson told Walker-Turner that he was at Walker-Turner’s law office, where he had executed the written agreement and left a check for the first payment of $2,200.7

Walker-Turner encountered a person, later learned to be Botsaris, in the hallway outside the courtroom as Botsaris exited the courtroom. Walker-Turner inquired whether the Yellow Book case had been called yet. He did not introduce himself to Botsaris. Botsaris informed him that the case had been called and concluded. Introductions took place and Walker-Turner informed Botsaris that Anderson had signed the settlement agreement. He asked Botsaris whether “everything was still in place,” to which Botsaris responded “Yes, just get me the documents.” Walker-Turner did not ask Botsaris, the District Court courtroom clerk or any other District Court clerical staff about the disposition of the case in the courtroom. Botsaris did not volunteer to Walker-Turner that when the Yellow Book case was called, he had requested and obtained a default affidavit judgment against Anderson and Leslie for $7,827.23, plus $2,694.28 in pre-judgment interest, $90.00 in costs, and $2,582.00 in attorneys fees.8 Walker-[222]*222Turner, unmindful of the judgment, returned to his office, counter-signed the written agreement, and claimed to mail it that day, along with Anderson’s check, to Botsaris.

On 30 January 2007, the Clerk of the District Court mailed a copy of the Notice of Affidavit Judgment (consistent with the details that Botsaris neglected to tell Walker-Turner on 26 January) to Walker-Turner and Botsaris. Walker-Turner told Judge Weatherly that he did not receive a copy of the notice and still did not know, as of that time, of the judgment entered against his client.

On 7 March 2007, Anderson received a Request for Oral Examination (as to assets) in the Yellow Book case, filed by Botsaris, who was attempting to collect on the judgment. Anderson called Walker-Turner, who said he was surprised and would look into the matter. Walker-Turner contacted Botsaris by telephone later that day to find out why he was attempting to collect on a judgment, in light of the partially-consummated settlement. After speaking with Walker-Turner, Botsaris agreed to authorize the filing of a Consent Motion to Vacate the Judgment. Botsaris testified that, prior to Walker-Turner’s phone call, he was not aware whether he had received the signed settlement agreement or check. The record reflects that the check was deposited by Botsaris’s law firm on 12 March 2007. Botsaris testified that the reason he was unable to confirm that the agreement and Anderson’s check had been received prior to Walker-Turner’s phone call [223]*223was because of the large volume of collection work conducted by his law firm.

Meanwhile, on 8 March 2007, Walker-Turner filed in the Yellow Book case a Consent Motion to Vacate the Judgment, stating as the sole ground for relief sought that a settlement agreement was reached between the parties.9 The motion was denied by a simple order on 12 March 2007. The District Court mailed copies of the order denying the motion to Walker-Turner and Botsaris.

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Bluebook (online)
51 A.3d 553, 428 Md. 214, 2012 Md. LEXIS 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-walker-turner-md-2012.