Attorney Grievance Commission v. West

836 A.2d 588, 378 Md. 395, 2003 Md. LEXIS 759
CourtCourt of Appeals of Maryland
DecidedNovember 20, 2003
DocketMisc. AG No. 38, Sept. Term, 2002
StatusPublished
Cited by29 cases

This text of 836 A.2d 588 (Attorney Grievance Commission v. West) 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. West, 836 A.2d 588, 378 Md. 395, 2003 Md. LEXIS 759 (Md. 2003).

Opinions

RAKER, Judge.

The Attorney Grievance Commission, acting through Bar Counsel, filed a petition with this Court for disciplinary action against Patti Diane Gilman West, alleging violations of the Maryland Rules of Professional Conduct. The Commission charged respondent with violating Rules 1.1 (Competence),1 [397]*3971.2 (Scope of representation),2 1.3 (Diligence),3 1.4 (Communication),4 1.16 (Declining or terminating representation),5 3.2 (Expediting litigation),6 3.3 (Candor toward the tribunal),7 [398]*3983.4(c) and (d) (Fairness to opposing party and counsel),8 8.1(b) (Bar admission and disciplinary matters),9 and 8.4(a), (c), and (d) (Misconduct).10 Pursuant to Maryland Rule 16-752(a), we referred the matter to Judge Kaye Allison of the Circuit Court for Baltimore City to make findings of fact and proposed conclusions of law. Judge Allison held an evidentiary hearing and concluded that respondent had violated Rules 1.1, 1.3, 1.4, 3.2, 3.3(a)(1), 3.4(c) and (d), 8.1(b), and 8.4(a), (c), and (d). She found that Bar Counsel failed to establish that respondent had violated Rule 1.2 or Rule 1.16.

[399]*399I.

Judge Allison made the following Findings of Fact and Conclusions of Law:11

FINDINGS OF FACT AND CONCLUSIONS OF LAW

“Patti Diane Gilman West was admitted to the Bar of the Court of Appeals on May 25, 1982. The Attorney Grievance Commission of Maryland has filed a Petition for Disciplinary Action against Patti Diane Gilman West and, by Order dated July 23, 2002, the matter was assigned to this Court to be heard and determined in accordance with Maryland Rule 16-757. The Respondent was served with the Writ of Summons, transmittal Order dated July 23, 2002, the Petition for Disciplinary or Remedial Action, and various discovery material on October 28, 2002. The matter came before this Court and a hearing was conducted on February 20, 2003. From that hearing the Court makes the following Conclusions of Law and Findings of Fact, each of which, the Court finds to have been established by clear and convincing evidence.

Carter

“On or about September 29, 1999, Maryland General Hospital and [name deleted], LWS, a social worker employee of the Hospital, were served with a copy of a Complaint filed against them by James Carter and others, Carter, et al. v. Maryland General Hospital, Case No. 24-C-99-00521, Circuit Court for Baltimore City. At the time of service, the Hospital and [social worker] were served with interrogatories, request for production of documents and notices to take depositions. In October 1999 Respondent was retained to represent both the Hospital and [social worker] in the negligence action filed on behalf of Carter and others.

[400]*400“Respondent did not timely respond to interrogatories and request for production of documents in the Carter matter. On or about July 27, 2000 Carter’s counsel filed a Motion to Compel Discovery to which Respondent failed to timely respond. By Order dated August 18, 2000, the Court in the Carter matter ordered that the employees of the Hospital named in the order appear for deposition and that the Hospital and [social worker] provide responses to Carter’s discovery requests within thirty days of the date of that Order.

“Respondent did not take measures to effectuate her clients’ compliance with that Order. On or about September 29, 2000, Carter filed a motion for judgment based on the noncompliance.

“The Court denied Carter’s motion for judgment by Order dated November 6, 2000, and again ordered that the named employees of the Hospital appear for deposition, and that the Hospital and [social worker] provide responses to Carter’s interrogatories and request for production of documents. The Court further ordered that failure to comply with discovery requests by the thirty-day deadline, without good cause, would result in a default judgment against the Hospital and [social worker].

“Respondent failed to provide the discovery on behalf of the Hospital and [social worker] within thirty days of the Court’s Order dated November 6, 2000. Carter filed a second motion for judgment on or about December 7, 2000. Respondent failed to respond and on January 19, 2001, the Court granted that Motion.

“Respondent also failed to effectuate her clients’ compliance with the provision of the Scheduling Order requiring the designation of an expert witness on damages. Respondent’s failure to effectuate compliance with the Court’s Scheduling Order and two Orders responding to discovery requests left the Hospital with a judgment against it as to liability and no expert witness to defend against Carter’s experts on damages. Respondent misrepresented the status of the case to the Hospital representatives. She also failed to advise them that [401]*401she had not responded to discovery and that motions to compel and for judgment had also been filed. She failed to advise that default judgment had been granted and that she had not designated any damage expert.

“Respondent failed to provide competent representation to her clients in violation of Maryland Rules of Professional Conduct 1.1. Respondent failed to act with reasonable diligence and promptness in violation of Maryland Rule of Professional Conduct 1.3. Respondent failed to keep her clients reasonably informed of the status of their case and to explain the status of the legal matter as reasonably necessary for the clients to make informed decisions in violation of Maryland Rule of Professional Conduct 1.4. Respondent knowingly misrepresented the status of the Carter matter to the hospital in violation of Maryland Rule of Professional Conduct 8.4(c). Respondent failed to expedite litigation in violation of Maryland Rule of Professional Conduct 3.2. Respondent violated Maryland Rule of Professional Conduct 3.4(c)(d) by neglecting her obligation to take reasonably diligent efforts to comply with proper discovery requests under the scheduling order, the Maryland Rules of Procedure and Maryland Rules of Professional Conduct. These actions are also violations of Maryland Rule of Professional Conduct 8.4(a), and (d).

Davis

“On or about June 8, 1998, Bridgette Davis, mother and next friend of Desmond Davis, filed a complaint against [name deleted], M.D., [name deleted], M.D., P.A. and the Maryland General Hospital, Davis, et at. v. Maryland General Hospital, Case No. 24-C-98-159105/CC4926, Circuit Court for Baltimore City. Respondent was retained to represent the Hospital and filed an Answer to the Davis complaint on or about August 24,1998.

“Respondent failed to timely identify a damage expert pursuant to the Scheduling Order. This failure caused significant prejudice to the Hospital’s defense of the case. Respondent failed timely to communicate to the Hospital or its excess insurance carrier, OHIC (Ohio Hospital Insurance Company), [402]*402a settlement offer from Davis’ counsel dated July 5, 2000. Respondent conveyed the offer in December 2000. Respondent’s failure necessitated that the Hospital and OHIO agree to an unfavorable settlement.

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Bluebook (online)
836 A.2d 588, 378 Md. 395, 2003 Md. LEXIS 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-west-md-2003.