Attorney Grievance Commission v. Zimmerman

50 A.3d 1205, 428 Md. 119, 2012 WL 3575276, 2012 Md. LEXIS 472
Court of Appeals of Maryland·Decided August 21, 2012·No. Misc. Docket AG No. 32·Published·Cited by 26 cases

Opinion

ADKINS, J.

The Attorney Grievance Commission of Maryland (“AGC”), acting through Bar Counsel, filed a Petition for Disciplinary or Remedial Action (“Petition”) against Respondent Donya Tarraine Zimmerman. Bar Counsel charged Zimmerman with violating several rules and statutes in her capacity as representative of Monique V. Shilling and Deedra L. Danner. Specifically, Bar Counsel alleged that Zimmerman violated Maryland Rules 16-604 (Trust Account — Required Deposits)1 [124] and 16-609(a) (Prohibited Transactions);2 Maryland Code (1989, 2010 Repl.Vol.), Section 10-306 of the Business Occupations and Professions Article (Misuse of Trust Money);3 and the following Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”):4 Rule 1.3 (Diligence);5 Rule 1.4 (Communication);6 Rule 1.15(a) and (c) (Safekeeping Property);7 Rule [125]*1251.16(d) (Declining or Terminating Representation);8 and Rule 8.4(b)-(d) (Misconduct).9

Following a hearing in the Circuit Court for Montgomery County, Judge Louise G. Scrivener issued findings of fact and conclusions of law. With regard to Shilling’s complaint, the hearing judge found that Zimmerman violated MLRPC Rules 1.15(a) and (c), 1.16(d), and 8.4(b)-(d), as well as Maryland Rule 16-609(a)-(c). With regard to Danner’s complaint, the hearing judge found that Zimmerman violated MLRPC Rules 1.3, 1.4, 1.15(a) and (c), 1.16(d), and 8.4(b)-(d), as well as Maryland Rule 16-609 and Section 10-306 of the Business Occupations and Professions Article. Zimmerman appeared [126] before this court on June 11, 2012, and we disbarred her in a per curiam order the next day. We now explain why.

Background

The hearing judge outlined some background matters:

The Respondent, Donya Tarraine Zimmerman, was admitted to the Bar of the Court of Appeals of Maryland in December 2001. She is not admitted in any other jurisdiction. Since then, she has had a solo practice, primarily handling bankruptcy and family law matters. Her current office is located in Baltimore, but at the time of the matters involved in this Petition, Respondent’s office was in Gaithersburg, Maryland.

The hearing judge made the following findings of fact respecting Shilling’s complaint:

Respondent began representing Monique Shilling in 2007 or 2008, regarding a modification of child custody and child support. Ms. Shilling made a number of payments on her bill, the last one being in the amount of $8,000.00, paid on or about May 28, 2010. A portion of that payment was an advance payment of costs and expenses. In July 2010, Ms. Shilling terminated Respondent’s services and requested a refund of the unearned portion of the retainer. Respondent determined that the unearned amount was $805.00. Respondent returned those funds to Ms. Shilling by a money order on November 15, 2010.
During the period of time Respondent represented Ms. Shilling, Respondent only had one escrow account, which was at M & T Bank. Accordingly, Respondent should have been holding at least $805.00 in her escrow account after she received the payment at the end of May 2010 until she refunded that amount in November. Yet, the balance held in her escrow account as of June 1, 2010 was $17.17. Respondent’s client ledger for Ms. Shilling shows that check no. 1162, dated June 5, 2010, in the amount of $500.00, was credited against Ms. Shilling’s retainer. The payment is described as “IRS payment” on the client ledger. Respon[127] dent testified that this check to the United States Treasury was a payment of Respondent’s own business tax obligation.
Respondent testified in her deposition that the portion of the payment received from Ms. Shilling on May 28 that reflected advance payment of fees was $1,500.00. She deposited that amount in her escrow account on June 8, 2010. Assuming that those funds were the Shilling retainer, the balance in the escrow account dropped to $427.07 on June 14. By the end of June, the balance was $2.07. Respondent failed to maintain the unearned portion of Ms. Shilling’s retainer in her escrow account.
Respondent made a number of promises and representations to Ms. Shilling regarding the return of her retainer in e-mail correspondence in the summer and autumn of 2010. On August 5, she promised to mail the balance of the retainer by the end of the following week. On August 23, she promised, “I will put the check in the mail tomorrow with your last billing.” On September 3, 2010, Respondent claimed, “I sent it in the mail by certified mail.” In her deposition, Respondent acknowledged that the mailing of the money order in November was her first attempt to refund the retainer to Ms. Shilling.

With respect to Danner’s complaint, the hearing judge found:

Respondent began representing Deedra Danner in July 2010. On July 22, 2010, Ms. Danner signed a retainer agreement and gave Respondent a check in the amount of $2,000.00 as a retainer. Approximately a week later Ms. Danner reconciled with her husband. On July 29, she left Respondent a voice mail message, notifying her that her services would no longer be needed. Respondent returned her call the following day and suggested that she hold the retainer for a month in case Ms. Danner changed her mind. After a month, Ms. Danner received an invoice indicating that $1,610.00 would be returned, but no check was enclosed. In late October, Ms. Danner contacted Respondent’s office and made an appointment for November 11, 2010 to pick up the check and her client file. That appoint[128] ment was ultimately canceled due to Respondent’s representation that she had hurt her back. Respondent did not forward the check or the file to Ms. Danner. Ms. Danner attempted to recover her retainer by enlisting the efforts of the Fee Dispute Resolution Committee of the Bar Association for Montgomery County. On December 9, 2010, Respondent sent an e-mail to Karen Robbins of the Fee Dispute Resolution Committee, stating that she had sent the payment by money order and would have to have the money order replaced. She claimed that she had sent the money order about two weeks earlier. In her deposition, Respondent could not provide any details regarding the alleged Western Union money order or her attempts to have the money order reissued. As of the hearing on February 13, 2012, Ms. Danner had never received the $1,610.00 balance of her retainer.

The hearing judge made these findings with respect to Respondent’s use of her escrow account:

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Attorney Grievance Commission v. Zimmerman, 50 A.3d 1205, 428 Md. 119, 2012 WL 3575276, 2012 Md. LEXIS 472 (Md. 2012).

50 A.3d 1205 (Attorney Grievance Commission v. Zimmerman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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