It’s unclear how many Maryland attorneys who have been disbarred over the years had underlying addiction issues because many never disclose it to the Attorney Grievance Commission or to the court.
Administrative law judges must treat lawyers and litigants with respect – even when they don’t deserve it, the chair of the Maryland ALJs’ Ethics and Professionalism Committee said Tuesday. “It’s up to you as the judge to set the tone for order and decorum,” ALJ Louis Hurwitz told attendees at the National Association of Administrative Law Judiciary’s midyear conference, co-sponso[...]
Even after a decision is made to terminate the attorney-client relationship, an attorney still has important and ongoing ethical duties.
Professional Responsibility Dismissal of petition BOTTOM LINE: An attorney did not violate Maryland Rule of Professional Conduct by failing to repeatedly remind a client that the clock was running on his right to join a lawsuit; nor did the Court of Appeals sustain any other violations of the MRPC; thus, bar counsel’s petition for disciplinary […]
Criminal Procedure Illegal sentence BOTTOM LINE: Defendant’s conviction and sentence for assault with intent to murder were illegal because that crime was not contained in the indictment returned by the grand jury. CASE: Johnson v. State, No. 84, September Term, 2011 (filed July 10, 2012) (Judges Bell, Harrell, Battaglia, Greene, ADKINS, Barbera & McDonald). RecordFax […]
MARYLAND COURT OF APPEALS Criminal Procedure, Post-conviction relief: Defendant was not entitled to post-conviction relief to re-litigate the allegation that the trial court erred by excluding expert testimony, because that issue had already been finally litigated and cases decided after his trial did not establish any previously unrecognized constitutional standard. Greco v. State, No. 86, [&hell[...]
Professional Responsibility Disbarment BOTTOM LINE: Disbarment was the appropriate sanction for an attorney who failed to keep his client reasonably informed of her case, retained more than twice his agreed-upon fee, failed to deposit unearned fees in his trust account, failed to remit a settlement payment to the client and did not respond to Attorney […]
Criminal Procedure Interrogation after invocation of Miranda rights BOTTOM LINE: The conversation that ensued after defendant’s invocation of his right to an attorney constituted an impermissible custodial interrogation and, therefore, defendant’s inculpatory statements should have been suppressed. CASE: Phillips v. State, No. 58, September Term, 2011 (filed Mar. 16, 2012) (Judges Bell, Harrel[...]
MARYLAND COURT OF APPEALS Administrative Law, LEOBR statute of limitations: After law enforcement officer knowingly made a material false statement during an investigation of prior misconduct, law enforcement agency had one year from the day the false statement came to its attention to bring an administrative charge against the officer for making that false statement. […]
COURT OF APPEALS Bankruptcy Law, Repossession: A creditor may repossess a car when a debtor has filed bankruptcy and failed to reaffirm the indebtedness if the creditor elected Credit Grantor Closed End Credit Provisions of the Commercial Law Article to govern the retail installment contract. Ford Motor Credit Company, LLC v. Roberson, Misc. No. 15, […]
Professional Responsibility Disbarment BOTTOM LINE: Disbarment was the appropriate sanction for an attorney who assisted the children of an incompetent person in the execution and recording of forged and fraudulent documents. CASE: Attorney Grievance Commission of Maryland v. Coppola, Misc. Docket AG No. 5, Sept. Term, 2010 (filed April 29, 2011) (Judges Harrell, BATTAGLIA, Greene, […]
MARYLAND COURT OF APPEALS Professional Responsibility, Disbarment: Disbarment was the appropriate sanction for an attorney who assisted the children of an incompetent person in the execution and recording of forged and fraudulent documents. Attorney Grievance Commission of Maryland v. Coppola, Misc. Docket AG No. 5, Sept. Term, 2010. RecordFax No. 11-0429-20. Professional Responsibility, Disbarmen[...]