Attorney Grievance v. Hoerauf

229 A.3d 802, 469 Md. 179
Court of Appeals of Maryland·Decided June 26, 2020·No. 7ag/19·Published·Cited by 22 cases

Opinion

Attorney Grievance Commission of Maryland v. Gwyn Cara Hoerauf, Miscellaneous Docket AG No. 7, September Term, 2019. Opinion by Biran, J.

ATTORNEY MISCONDUCT — DISCIPLINE — DISBARMENT — Respondent Gwyn Cara Hoerauf violated Maryland Lawyers’ Rules of Professional Conduct 1.1 (Competence), 1.2(a) (Scope of Representation), 1.3 (Diligence), 1.4(a) and (b) (Communication), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a), (c), and (d) (Misconduct). Respondent violated Maryland Attorneys’ Rules of Professional Conduct 19-303.3(a)(1) (Candor Toward the Tribunal), 19-304.3 (Dealing with Unrepresented Person), 19-308.1(a) and (b) (Bar Admission and Disciplinary Matters), and 19-308.4(a), (c), and (d) (Misconduct). These violations arose from Respondent’s conduct in three separate client matters. Respondent facilitated an attorney-client relationship between her client’s alleged victim, a 16-year-old minor, and another attorney, and then misled the circuit court in an effort to conceal that relationship and conceal her efforts to dissuade the victim from cooperating with the prosecution. Additionally, Respondent took advantage of the minor victim by gaining her trust in an effort to weaken the prosecution’s case against her client. Respondent failed to file motions on a client’s behalf, misrepresented she had done so, and failed to communicate the scope and terms of her representation in the client’s six cases. In her dealings with Bar Counsel, Respondent failed to timely respond on three occasions, provided inflammatory and unprofessional statements about a complainant, and falsely testified about what she agreed to do for a client. Given these violations and the existence of several aggravating factors, the Court of Appeals held that disbarment was the appropriate sanction.

Circuit Court for Montgomery County Case No. 468445V Argued: Argument waived/submitted on papers

IN THE COURT OF APPEALS

OF MARYLAND

Misc. Docket AG No. 7

September Term, 2019

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND

v.

GWYN CARA HOERAUF

Barbera, C.J.

McDonald

Watts

Hotten

Getty

Booth

Biran,

JJ.

Opinion by Biran, J.

Filed: June 26, 2020

Pursuant to Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic.

Suzanne Johnson

2020-10-23 15:51-04:00

Suzanne C. Johnson, Clerk

On June 20, 2019, Petitioner, the Attorney Grievance Commission of Maryland, acting through Bar Counsel, filed in this Court a Petition for Disciplinary or Remedial Action (“Petition”) against Respondent, Gwyn Cara Hoerauf, alleging violations of the Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”) and the Maryland Attorneys’ Rules of Professional Conduct (“MARPC”).1 Petitioner subsequently filed an Amended Petition for Disciplinary or Remedial Action (“Amended Petition”). The Amended Petition concerned three separate complaints against Respondent and alleged violations of MLRPC 1.1 (Competence), 1.2(a) (Scope of Representation), 1.3 (Diligence), 1.4(a) and (b) (Communication), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a), (c), and (d) (Misconduct). Additionally, Petitioner alleged that Respondent violated MARPC 19-303.3(a)(1) (Candor Toward the Tribunal), 19-304.3 (Dealing with Unrepresented Person), 19-308.1(a) and (b) (Bar Admission and Disciplinary Matters), and 19-308.4(a), (c), and (d) (Misconduct).

On June 20, 2019, pursuant to Maryland Rule 19-722(a), this Court transmitted this matter to the Circuit Court for Montgomery County and designated the Honorable Christopher C. Fogleman (the “hearing judge”) to conduct an evidentiary hearing and make findings of fact and conclusions of law in accordance with Maryland Rule 19-727. On August 8, 2019, pursuant to Maryland Rule 19-723(a), Respondent was served with the following: Writ of Summons issued June 28, 2019, by the Circuit Court for Montgomery

1 Effective July 1, 2016, the Maryland Lawyers’ Rules of Professional Conduct were renamed the Maryland Attorneys’ Rules of Professional Conduct and recodified without substantive changes in Title 19 of the Maryland Rules. Respondent’s alleged misconduct occurred both before and after the recodification.

County; Order of the Court of Appeals dated June 20, 2019; and both the Petition and Amended Petition. On August 30, 2019, pursuant to Maryland Rule 2-401(d)(2), Respondent was served with the following: Petitioner’s First Set of Interrogatories; Petitioner’s First Request for Document Production; and Petitioner’s Request for Admissions of Fact and Genuineness of Documents with Exhibits 1-37.

On September 11, 2019, Petitioner filed a Motion for Order of Default after Respondent failed to answer the Amended Petition within 15 days of service. On October 10, 2019, the hearing judge issued an Order of Default and scheduled a hearing for November 15, 2019. The Order notified Respondent that a default had been entered, and that she could move to vacate the Order of Default within 30 days. Respondent did not move to vacate the Order of Default.

Respondent did not appear at the November 15, 2019 hearing, and the hearing judge admitted Petitioner’s exhibits into evidence. Petitioner submitted Proposed Findings of Fact and Conclusions of Law on December 9, 2019, based on the evidence admitted at the hearing. The hearing judge issued Findings of Fact and Conclusions of Law on December 30, 2019, based on clear and convincing evidence. Neither Petitioner nor Respondent filed any exceptions, and Petitioner recommended disbarment.

On March 18, 2020, Petitioner filed a request to waive oral argument. This Court issued an Order on March 27, 2020, directing Respondent to show cause why oral argument should be held and stating that, if Respondent failed to show such cause by April 6, 2020, the Court would consider the case on the papers. Respondent did not respond to the Order to Show Cause, and on April 9, 2020, this Court granted Petitioner’s request to waive oral

argument. On April 24, 2020, we issued a per curiam order disbarring Respondent. Attorney Grievance Comm’n v. Hoerauf, 468 Md. 321 (2020), 2020 WL 1969945, at *1 (Md. Apr. 24, 2020). We explain in this opinion the reasons for that action.

I

The Hearing Judge’s Findings of Fact We summarize here the hearing judge’s findings of fact.

Background

Respondent was admitted to the Maryland Bar on December 12, 2000. At all times relevant hereto, Respondent maintained an office for the practice of law in Montgomery County, Maryland.

Complaint of Peggy Lyles/Representation of Stacy Simmons In December 2015, Peggy Lyles retained Respondent to represent her son, Stacy Simmons, in two criminal cases pending in the District Court of Maryland for Montgomery County (“District Court”).2 Respondent agreed to represent Mr. Simmons for a flat fee of $1,000, and required a $300 initial payment before she would enter her appearance or visit Mr. Simmons in jail. Ms. Lyles made the initial $300 payment to Respondent on December 17, 2015, and provided Respondent with a post-dated check for January 1, 2016 for the remaining $700. Respondent represented Mr. Simmons in these two cases without issue, and they were resolved on January 4, 2016, through a plea agreement.

2 State v. Stacy Terrell Simmons, District Court Case No. 4D00333029, filed on May 18, 2015; and State v. Terrell D. Lyles, District Court Case No. 1D00347418, filed on September 19, 2015 (charging Mr. Simmons under an alias).

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Attorney Grievance v. Hoerauf, 229 A.3d 802, 469 Md. 179 (Md. 2020).

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