Changeflow GovPing Courts & Legal Maryland Attorney Sanctions and Licensure Actio...
Priority review Enforcement Added Final

Maryland Attorney Sanctions and Licensure Actions FY23

Email

Summary

The Maryland Attorney Grievance Commission has issued a list of sanctions and actions affecting attorney licensure for Fiscal Year 2023. These actions include reprimands, disbarments, and suspensions, detailing specific violations of professional conduct rules by attorneys practicing in Maryland.

What changed

This document details disciplinary actions taken against attorneys in Maryland during Fiscal Year 2023 by the Attorney Grievance Commission. Actions listed include reprimands, disbarments, and suspensions, with specific case summaries outlining violations such as failure to competently represent clients, mishandling of client funds in trust accounts, commingling of personal and client funds, misrepresentation, and filing frivolous pleadings. Notable cases include disbarment for reciprocal action from Arizona and disbarment by consent for criminal acts and dishonesty.

Compliance officers in legal practices should review these sanctions to understand the types of professional misconduct that lead to disciplinary action in Maryland. The document serves as a cautionary reminder of the importance of diligent representation, proper safekeeping of client funds, accurate record-keeping, and maintaining candor to the tribunal. While no specific compliance deadline is provided, adherence to the Maryland Rules of Professional Conduct is paramount to avoid similar sanctions.

What to do next

  1. Review listed sanctions for FY23 to identify common violations.
  2. Ensure adherence to Maryland Rules of Professional Conduct regarding client funds, diligence, and candor.
  3. Reinforce internal controls for attorney trust accounts and client communication.

Penalties

Actions include reprimands, disbarments, and suspensions, indicating loss of license or public censure.

Source document (simplified)

SANCTIONS AND ACTIONS AFFECTING LICENSURE (FY 2023) ALFONSI, Christina – Commission Reprimand on June 7, 2023, after joining a multi- ALLEN, Melvin Louis, Jr. – Commission Reprimand on November 14, 2022, for failing to represent his client competently and diligently. The Respondent failed to properly notify prosecutors of his intent to present the testimony of two alibi witnesses during his client’s criminal trial, which resulted in the trial court precluding their testimony. The Respondent also failed to properly preserve the issue for appeal. ASH-SHAKOOR, Anitra – Commission Reprimand on May 22, 2023, after joining a multi-earned upon receipt as provided in the company’s retainer agreements. The attorney is not licensed in Maryland. BITTNER, Richard Christopher – Commission Reprimand on February 21, 2023, for failing to safekeep unearned fees in his attorney trust account and failing to obtain his clients’ informed consent, confirmed in writing, to hold the funds outside of trust; failing to make required deposits in his attorney trust account and disbursing funds from his attorney trust account when the disbursement created a negative balance with respect to an individual client matter or all client matters in the aggregate. The Respondent overdrew his attorney trust account and, over a period of two years, commingled personal funds in his attorney trust account and negligently misappropriated client funds. BRENT, Duncan K. – Commission Reprimand on October 24, 2022, for failing to represent his client competently and diligently and failing to adequately communicate with his client. The Respondent incorrectly calendared the statute of limitations for his client’s personal injury case. Due to this error, the Respondent failed to timely file a complaint, which resulted in his client losing her right to pursue her civil claim in court. CAPLAN, David Ollie – Disbarred on September 13, 2022, effective immediately, in a reciprocal action from Arizona, for failing to properly safekeep funds in an attorney trust account and engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Respondent received client funds for fees to be paid to the United States Patent and Trademark Office but failed

to remit the necessary payments, resulting in patent applications being deemed abandoned. The Respondent did not timely advise the client of the abandonments or of his failure to make necessary payments. The Respondent commingled the client’s funds with his business and personal funds and failed to maintain proper attorney trust account records. In addition, the Respondent misrepresented to the State Bar of Arizona that he maintained professional liability insurance. CARPIO, Abraham Fernando – Commission Reprimand on May 22, 2023, for failing to represent his client diligently, filing frivolous pleadings, failing to maintain candor to the tribunal, knowingly failing to disclose a material fact when disclosure was necessary to avoid assisting a criminal or fraudulent act by a client, failing to recognize a conflict of interest, engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, and failing to make required deposits in an attorney trust account. In an immigration matter, the Respondent did not adequately engage in due diligence to determine whether representations that his client's parents lived together and whether his mother provided him financial or emotional support were accurate prior to filing pleadings. Upon learning that representations made to him were not true, the Respondent did not correct any records filed before the court, did not withdraw the matters filed before the court, and did not terminate the representation. CHAUDRY, Adam Lane – Disbarment by Consent on January 3, 2023, effective immediately, for committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as an attorney; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaging in conduct that is prejudicial to the administration of justice. The Respondent pled guilty to fraud in connection with obtaining confidential phone records of a covered entity in violation of 18 U.S.C. § 1039. COLLINS, Travis John – Commission Reprimand on October 30, 2022, for failing to represent his clients competently and diligently, failing to safekeep funds in an attorney trust account, failing to properly supervise non-attorney assistants, and practicing with or in the form of a professional corporation or association authorized for a practice law for a profit owned by a non-attorney. The Respondent was employed by a Virginia corporation that engaged in policy advocacy on immigration matters and employed attorneys who provided legal services to immigrants in immigration proceedings. The corporation’s legal practice was improperly owned and operated by a non-attorney. While employed by the corporation, the Respondent provided legal services to immigration clients and failed to appropriately supervise non-attorney staff, failed to safekeep client funds, and failed to provide competent and diligent representation to clients. CULBERSON, Wendy Barrow – Disbarred on March 27, 2023, effective immediately, for failing to adequately communicate with her client; collecting unreasonable fees; representing a client involving a conflict of interest; failing to safekeep funds in an attorney trust account; knowingly making false statements to Bar Counsel; committing a criminal act that reflects adversely on her honesty, trustworthiness, or fitness as an attorney; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; engaging in conduct that is prejudicial to the administration of justice; and failing to comply with attorney trust account record-keeping requirements. Over a period of several years, the Respondent misappropriated hundreds of thousands of dollars from her client by using her client’s power of attorney to make cash withdrawals from bank accounts held for her client’s benefit. The Respondent failed to provide her client with any contemporaneous

invoices, accounting, or other documentation that might reflect any legitimate use of the cash withdrawals. The Respondent failed to maintain any client matter records or client ledgers. During Bar Counsel’s investigation, the Respondent made knowing and intentional misrepresentations of material facts to Bar Counsel and created inaccurate and false documentation to conceal her misappropriation. DOLAN, Kathleen Anne – Suspension for nine months on November 18, 2022, effective immediately, in a reciprocal action from the District of Columbia, with the right to petition for reinstatement only following fulfillment of the conditions imposed by the District of Columbia Court of Appeals, for failing to abide by the scope of representation, failing to adequately communicate with her clients, charging unreasonable fees, failing to properly communicate to her clients the scope of the representation and the basis or rate of the fee and expenses for which her clients would be responsible before or within a reasonable time after commencing the representation, failing to obtain her clients’ informed written consent to make an aggregate settlement of their claims, failing to safekeep funds in an attorney trust account, and failing to promptly notify her clients of the receipt of funds to which her clients were entitled. The Respondent negligently misappropriated client funds in connection with the litigation and settlement of a collective action during which her firm took a percentage of the settlement award as attorney’s fees without client authorization. In addition, the Respondent failed to notify Bar Counsel of the discipline imposed in the District of Columbia. On April 21, 2023, the Supreme Court of Maryland ordered that the remainder of the Respondent’s suspension would be stayed in favor of probation, subject to the condition that the Respondent comply with the Maryland Attorneys’ Rules of Professional Conduct. DORSEY, Jay B. – Commission Reprimand on December 29, 2022, for failing to promptly notify Bar Counsel of his discipline in another jurisdiction, knowingly making false statements to Bar Counsel, and failing to maintain complete records of his handling of entrusted funds. In 2006 and 2014, the Respondent received informal admonitions in the District of Columbia. In 2022, the District of Columbia Court of Appeals issued a public censure to the Respondent. The Respondent failed to report the informal admonitions and the public censure to Bar Counsel. During Bar Counsel’s investigation, the Respondent misrepresented that he had not received any discipline from any jurisdiction during that time frame. FOGAN, Byron Keith – Disbarment by Consent on January 5, 2023, effective immediately, for committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as an attorney; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaging in conduct that is prejudicial to the administration of justice. The Respondent pled guilty to one count of money laundering in violation of 18 U.S.C. § 1957. The Respondent failed to report the conviction to Bar Counsel for approximately six years. FRANKLE, Alan Benjamin – Commission Reprimand on August 24, 2022, for failing to represent his client competently and diligently, failing to adequately communicate with his client, and engaging in conduct that is prejudicial to the administration of justice. In 2015, the Respondent prepared a will for his client and filed the original document for safekeeping with the local Register of Wills per his client’s request. In 2018, the Respondent prepared a new will, revoking the 2015 will, for his client, who retained possession of the original document. After the client’s death, one

of the client’s sons told the Respondent that he was unable to locate the original 2018 will, and the Respondent advised that it was presumed to be destroyed and that the son could submit the 2015 will for probate. The Respondent failed to appreciate that the 2018 will, if probated, would have revoked the 2015 will and failed to appropriately advise the son regarding the 2018 will. GLESSNER, Stephen Anthony – Indefinite Suspension by Consent on May 16, 2023, effective immediately, for failing to represent his clients competently and diligently; failing to adequately communicate with his clients; collecting unreasonable fees; failing to safekeep unearned fees in his attorney trust account and failing to obtain his clients’ informed consent, confirmed in writing, to hold the funds outside of trust; failing to take steps to protect his clients’ interest upon termination of the representation; failing to properly supervise a non-attorney assistant; knowingly making false statements to Bar Counsel; engaging in conduct that is prejudicial to the administration of justice; and failing to comply with attorney trust account record-keeping and monthly reconciliation requirements. The Respondent failed to file any bankruptcy petition on behalf of two separate clients at any time during the representation. The Respondent consistently failed to respond to the clients’ increasingly urgent requests for updates. When each client terminated his services, the Respondent failed to refund unearned fees and failed to provide an accounting for those funds. The Respondent failed to maintain complete and accurate records with respect to the receipt, maintenance, and disbursement of client funds. In addition, the Respondent failed to adequately supervise his paralegal, who was his daughter, resulting in her unauthorized communications with clients and unauthorized acceptance of client funds via an online payment platform. GONZÁLEZ y TORRES, Eduardo Vidál – Suspension by Consent for sixty days on December 16, 2022, stayed in favor of one year of probation with the terms contained in the Probation Agreement, for failing to represent his client competently and diligently; failing to adequately communicate with his client; and knowingly or with reckless disregard making a false statement of material fact or law, or willfully misleading, misinforming, threatening, or deceiving any person concerning any material and relevant matter relating to a case. The Respondent’s mother’s husband retained the Respondent to file a U-Visa application on his behalf. The Respondent dishonestly answered one of the questions on the application and submitted it to U.S. Citizenship and Immigration Services (USCIS). The Respondent failed to timely notify USCIS of his change of office address, resulting in the Respondent missing the deadline to respond to a Request for Evidence and USCIS’ eventual denial of the U-Visa application as abandoned. GOODEN, Donniece Sharee – Commission Reprimand on January 3, 2023, for disclosing confidential client information, practicing law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, and engaging in conduct that is prejudicial to the administration of justice. The Respondent engaged in the unauthorized practice of law in Georgia by establishing a systematic and continuous presence in that state for the practice of law while she was only licensed in Maryland and the District of Columbia. The Respondent represented clients in an arbitration proceeding and, after her relationship with the clients deteriorated, disclosed confidential client information to the American Arbitration Association. GORIUS, Douglas Robert – Commission Reprimand on May 22, 2023, after joining a multi-

HAMILTON, Dontrice Patience – Commission Reprimand on June 30, 2023, for failing to represent her client competently, disclosing confidential client information, and failing to recognize a conflict of interest. After successfully representing her client in a custody and child support hearing, disputes arose regarding the client’s ability to care for the child. Concerned for the child, the Respondent contacted opposing counsel and disclosed confidential information regarding her client’s mental health while expressing her concerns. After the Respondent withdrew from the representation, opposing counsel subpoenaed the Respondent to testify at an emergency custody hearing, where the Respondent testified to confidential matters both observed and discussed during the representation. Prior to the hearing, the Respondent failed to consult her former client or take protective action. HAMMER, Rachael-Anne –Suspended by Court for sixty days effective April 21, 2023, in a reciprocal action from Virginia, for failing to safekeep property of a client or third party, failing to take steps to the extent reasonably practicable to protect a client’s interests upon termination of the representation and committing a criminal or deliberately wrongful act that reflected adversely on the lawyer’s honesty, trustworthiness or fitness to practice law. HAMMERSCHMIDT, James Robert – Commission Reprimand on September 30, 2022, for failing to represent his client diligently, failing to adequately communicate with his client, and engaging in conduct that is prejudicial to the administration of justice. The Respondent represented a client in mediation and advised that he would provide a memorandum and documentation in support of the client’s position. The Respondent failed to provide any memorandum or documentation to the client, the opposing party, or the mediator, and the opposing party eventually withdrew from the mediation. HAUSMANN, Wendy Arlene – Reprimand by Consent on August 10, 2022, in a reciprocal action from the Supreme Court of Florida, for violating the Florida Rules of Professional Conduct in failing to abide by requirements for limiting the scope of representation, representing a client involving a conflict of interest, entering into a business transaction with a current client without obtaining the client’s informed consent, failing to uphold her duties to a former client, and engaging in conduct that is prejudicial to the administration of justice. The Respondent represented a recreational club in several legal matters. At the request of the club’s treasurer, the Respondent made a loan to the club without advising the club to seek independent legal advice. The club later reimbursed the Respondent and terminated the representation. Later, civil litigation occurred between the club and the treasurer, and the Respondent represented the treasurer in some of those proceedings without obtaining the informed consent of the club, her former client. HAVERSACK, Eric Hans – Commission Reprimand on September 2, 2022, for failing to safekeep funds in an attorney trust account, failing to promptly deliver funds that a third party was entitled to receive, failing to make required deposits in an attorney trust account, and failing to comply with attorney trust account record-keeping requirements. The Respondent received a settlement

check for a client whose prior counsel had asserted an attorney’s fee lien of which the Respondent was aware. The Respondent failed to promptly notify prior counsel that he was in possession of funds in which prior counsel asserted an interest, which the Respondent and the client disputed. In addition, the Respondent deposited settlement checks received on behalf of two clients into his operating account rather than an attorney trust account, failed to maintain a chronological record of all trust account deposits and disbursements, and did not create and maintain individual client matter records. HECHT, Spencer Michael – Reprimand by the Court by Consent on January 24, 2023, for acting unfairly to an opposing party and their counsel by making a filing without substantial justification. HENRY, Kim Meris – Commission Reprimand on November 23, 2022, for failing to represent the client competently and diligently and failing to adequately communicate with the client in one matter and for preparing an instrument on behalf of a client giving the attorney or a person related to the attorney a substantial gift in another matter. HESSEL, Mark Leonard – Disbarment by Consent on November 3, 2022, effective December 31, 2022, for failing to represent clients competently and diligently, failing to abide by the client’s decisions concerning the objectives of the representation and to consult with the client as to the means by which they are to be pursued, failing to keep clients reasonably informed, charging an unreasonable fee, failing, upon termination, to take steps reasonably necessary to protect the client’s interests, failing to make reasonable efforts to expedite litigation, failing to act with fairness to opposing party and/or counsel, failing to respect the rights of third person and engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, engaging in conduct prejudicial to the administration of justice and violating or attempting to violate the Maryland Attorneys’ Rules of Professional Conduct in four client matters. HOSTAGE, Christopher V. – Commission Reprimand on August 29, 2022, for failing to represent his clients competently, disclosing confidential client information, failing to safekeep funds in an attorney trust account, and engaging in conduct that is prejudicial to the administration of justice. The Respondent deposited his client’s flat fee directly into his operating account without obtaining his client’s informed consent, confirmed in writing, to hold the unearned funds outside of trust. In addition, two clients posted negative online reviews about the Respondent’s representation, and the Respondent posted responses that revealed confidential information regarding the representation. KALARESTAGHI, Ali Mansouri – Suspension for sixty days on March 14, 2023, stayed in favor of six months of probation with the conditions that the Respondent comply with the Maryland Attorneys’ Rules of Professional Conduct and complete a continuing legal education course, for failing to adequately communicate with his client; representing clients involving a conflict of interest; entering into business transactions with a current client without obtaining the client’s informed consent; failing to uphold his duty to a former client; representing a client when the representation would result in violation of the Maryland Attorneys’ Rules of Professional Conduct; and engaging in conduct that is prejudicial to the administration of justice. These violations stemmed from Respondent’s conflict of interest in the representation of two clients; putting the parties in direct conflict during representation; failing to recognize and advise clients of the conflict of interest; failing to attempt to obtain the clients’ informed consent, confirmed in writing, to

continue with the representation; entering into a business transaction with a client without advising the client, in writing, of the desirability of seeking advice of independent counsel and without giving the client a reasonable opportunity to do so; representing a client against a former client without obtaining written, informed consent from the former client; and engaging in conduct that is prejudicial to the administration of justice. KRAME, Evan J. – Suspension for 18 months on January 23, 2023, nunc pro tunc to November 19, 2021, the date of his temporary suspension, in a reciprocal action from the District of Columbia, for violating the District of Columbia Rules of Professional Conduct. The Respondent served as the court-appointed trustee of a special needs trust. In seeking compensation, the Respondent misled the court, disobeyed court orders, submitted altered time entries to the court, and negligently misappropriated funds. LEPPLER, John Justin – Commission Reprimand on October 24, 2022, for failing to represent his client competently, knowingly making a false statement of material fact or law to a third person, failing to respect the rights of third persons, and engaging in conduct that is prejudicial to the administration of justice. A party represented by another attorney in a custody matter asked the Respondent to issue subpoenas to the opposing party’s parents. Although he was not the attorney of record, the Respondent crafted, issued, and served Maryland subpoenas on the opposing party’s parents in Delaware to compel their appearance at trial. The Respondent failed to take any steps to obtain foreign subpoenas. The Respondent knowingly and intentionally misrepresented that the subpoenas were requested by the party’s counsel of record. Later, after entering his appearance, the Respondent drafted and issued a second set of invalid Maryland subpoenas for service on the opposing party’s parents in Delaware and failed to take any steps to obtain foreign subpoenas. LUQMAN, Devin S. – Commission Reprimand on November 21, 2022, for failing to act diligently and competently and engaging in conduct prejudicial to the administration of justice in four client matters. MacFEE, Bradley Lawrence, Sr. – Commission Reprimand on May 4, 2023, for failing to provide competent and diligent representation, failing to adequately communicate the terms of the fee agreement to the client, revealing information relating to the representation of the client when responding to a bad review the client left on his website, failing to hold client funds in trust and/or promptly deliver to the client any finds that the client was entitled to receive, failing, upon termination, to take steps to the extent reasonably practicable to protect a client’s interests and return any unearned fees and engaging in conduct prejudicial to the administration of justice. MALONE, Edward Allen – Disbarred on November 18, 2022, effective immediately, for knowingly making false statements in connection with a bar admission application; knowingly failing to disclose facts necessary to correct a misapprehension in connection with a bar admission application; committing a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as an attorney; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaging in conduct that is prejudicial to the administration of justice. The Respondent knowingly and intentionally misrepresented his disciplinary history on his Texas Bar application by failing to disclose his prior disciplinary history; intentionally failed to disclose his admission to various bars in an attempt to conceal his disciplinary history from the Texas Board

of Law Examiners; knowingly and intentionally provided false affidavits under oath, swearing that all information contained in his Texas Bar application was true and correct; and knowingly and intentionally misrepresented that his disclosure failures in his Texas Bar application were the result of his failure to read the questions carefully enough. In addition, over a period of several years, the Respondent knowingly and intentionally failed to supplement his Texas Bar application and re-applications with information concerning his bar admissions and disciplinary history, thereby failing to correct the misconception that he had fully disclosed his disciplinary history in all jurisdictions in which he was licensed. McCOOK, Wayne O. – Commission Reprimand on May 23, 2023, after joining a multi- McGUERN, Sean G. – Commission Reprimand on May 18, 2023, by failing to provide competent and diligent representation, failing to abide by the client’s decisions concerning the objectives of the representation and/or failing to consult with the client as to the means by which they are to be pursued, failing to promptly inform the client of any decision or circumstance with respect to which the client’s informed consent is required and keep the client reasonably informed about the status of the matter, representing a client when there was a significant risk that the representation of one or more clients may be materially limited by the attorney’s personal interest of the attorney, failing to withdraw from the representation of a client if the representation would result in violation of the Maryland Attorneys’ Rules of Professional conduct, and, upon termination of the representation, failing to take steps to the extent reasonably necessary to protect the client’s interests, failing to make reasonable efforts to expedite litigation consistent with the interests of the client, making a frivolous discovery request and/or failing to make reasonably diligent efforts to comply with a legally proper discovery request from an opposing party and engaging in conduct prejudicial to the administration of justice. MOSLEY, Kevin Louis – Commission Reprimand on September 29, 2022, for failing to represent his client diligently, failing to adequately communicate with his client, and engaging in conduct that is prejudicial to the administration of justice. The Respondent was appointed to assist a criminal defendant with his pro se motion for a new trial by filing any appropriate supplement thereto. The Respondent failed to file a supplement and failed to advise the client that he had decided not to file any supplement based upon his review of the case. The Respondent failed to respond to communications from the client and from the court about the status of the motion, and the court eventually removed the Respondent as counsel. MOSLEY, Vincent Joseph, Jr. – Commission Reprimand on June 8, 2023, for failing to promptly inform the client of any decision or circumstance with respect to which he client’s informed consent is required and failing to consult with the client about any relevant limitation on the attorney’s conduct when the attorney knows that the client expects assistance not permitted by the

Maryland Attorneys’ Rules of Professional Conduct or other law, failing to deposit unearned prepaid fees or expenses to a client trust account when the client did not give informed consent, confirmed in writing, to a different arrangement, engaging in the unauthorized practice of law or assisted another in doing so. NEALL, Michael Stuart – Commission Reprimand on November 23, 2022, for failing to represent his client(s) diligently, failing to adequately communicate with his client(s), failing to promptly notify the client of the receipt of funds in which the client has an interest and failing to keep funds in which two or more persons claim interests separate until any dispute is resolved and/or promptly distribute all portions of the funds as to which the interests are not in dispute and failing to maintain accurate and complete records for his attorney trust account. NELSON, Matthew Peter, Jr. – Commission Reprimand on June 29, 2023, for failing to provide competent and diligent representation, failing to keep the client informed, failing to deposit the client’s unearned fees into an attorney trust account, failing to open and maintain an attorney trust account for the deposit of client funds and failing to refund all unearned fees to the client. NOVOTNY, Michael Joseph – Commission Reprimand on May 23, 2023, after joining a multi- ONUKWUGHA, Chidiebere – Commission Reprimand on March 31, 2023, for failing to represent his client competently and diligently. The Respondent failed to file a timely motion to withdraw his appearance after his client terminated his representation in her custody matter and, despite his appearance still being entered, failed to appear for a scheduling conference. PARRIS, Keith Anthony – Disbarred on February 1, 2023, effective immediately, for failing to represent his client competently and diligently; failing to adequately communicate with his client; collecting unreasonable fees; failing to reasonably expedite litigation; failing to maintain candor to the tribunal; failing to make a reasonably diligent effort to comply with a legally proper discovery request by an opposing party; knowingly failing to respond to Bar Counsel; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaging in conduct that is prejudicial to the administration of justice. The Respondent failed to file opposition motions on behalf of his client; failed to respond to discovery requests; failed to comply with court orders compelling him to complete discovery; failed to communicate with his client; repeatedly failed to respond to his client’s requests for information; misrepresented the status of the case to his client; made knowing and intentional misrepresentations to the trial court; collected unreasonable fees from his client for services he did not perform; and failed to respond to Bar Counsel’s requests for information.

PENNINGTON, Brenda Karen – Commission Reprimand on April 21, 2023, for failing to provide competent representation in connection with maintaining client funds in trust, failing to safekeep property of clients, failing to respond to lawful demands for information from Bar Counsel, making cash withdrawals from an attorney trust account, failing to keep accurate and complete records for an attorney trust account, making withdrawals from an attorney trust account causing negative client ledger balances in three different client matters, and engaging in conduct prejudicial to the administration of justice. PLACHE, Matthew James – Indefinite Suspension on March 24, 2023, for engaging in conduct that was unbecoming a member of the bar. This was a reciprocal disciplinary matter based on conduct engaged in while representing a Petitioner before the United States Court of Federal Claims. The conduct included repeatedly failing to file medical records and a brief regarding damages despite orders directing him to do so and failing to respond to the court’s and opposing counsel’s attempts to communicate. POPE, Robert Steven – Disbarment by Consent on February 23, 2023, in a reciprocal disciplinary matter from Virginia, for misappropriating approximately $291,684.00 and making misrepresentations to conceal the misappropriation, failing to hold client funds as a fiduciary and hold those funds in a properly designated account, failing to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter and knowingly making a false statement of material fact in connection with a disciplinary matter, committing a criminal or deliberately wrongful act that adversely reflected on the attorney’s honesty trustworthiness or fitness and engaging in conduct involving dishonesty, fraud, deceit or misrepresentation which reflected adversely on the lawyer’s fitness to practice law. ROBERTS, John Peter – Commission Reprimand on June 7, 2023, after joining a multi- ROBERTS, Rachael Lee – Disbarment by Consent on October 12, 2022, effective October 31, 2022, for failing to represent her clients competently and diligently; failing to adequately communicate with her clients; knowingly making false statements to Bar Counsel; knowingly failing to respond to Bar Counsel; committing a criminal act that reflects adversely on her honesty, trustworthiness, or fitness as an attorney; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaging in conduct that is prejudicial to the administration of justice. The Respondent failed to diligently pursue her clients’ adoption matter and never filed a petition for adoption or any other documents associated with the adoption. The Respondent made numerous knowing and intentional misrepresentations to her clients regarding the status of the adoption matter, including falsely stating that the petition had been filed and that she had filed a show cause order.

ROSENBERG, Brian Jeffrey – Indefinite Suspension by Consent on August 10, 2022, effective immediately, with the right to petition for reinstatement after ninety days, for failing to represent his client competently; failing to adequately communicate with his client; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaging in conduct that is prejudicial to the administration of justice. The Respondent was assigned to pursue an unlawful detainer action on behalf of one of his employer’s clients in Virginia. The Respondent filed a Summons for Unlawful Retainer, which the court rejected because the filing listed a first court appearance date that the Respondent had failed to coordinate with the court as required. The Respondent failed to advise his supervisor and the client that the court rejected the filing and instead intentionally misrepresented to his supervisor and the client that the case was pending, that he appeared for a first court date, and that the matter was continued. ROUSE, Josephia Elease Georgetta – Commission Reprimand on July 25, 2022, for engaging in dishonest conduct and conduct that is prejudicial to the administration of justice. The Respondent, inappropriately believing that the agreement was the “same” as a prior agreement signed by the client, instructed her paralegal to sign the client’s name to a marital settlement agreement without the client’s knowledge or authorization. The Respondent also instructed her paralegal to affix a notary public’s signature to the marital settlement agreement without the notary public’s knowledge or authorization. The Respondent recognized her error, apologized, and advised that the agreement she instructed her paralegal to sign was substantially identical to an agreement previously signed by the client. SLOANE, Richard Louis – Indefinite Suspension on March 2, 2023, with the right to petition for reinstatement after six months, for filing frivolous pleadings; failing to reasonably expedite litigation; failing to maintain candor to the tribunal; knowingly disobeying obligations under the rules of a tribunal; failing to make a reasonably diligent effort to comply with a legally proper discovery request by an opposing party; failing to respect the rights of third persons; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and engaging in conduct that is prejudicial to the administration of justice. In a domestic matter involving divorce and custody, the Respondent obstructed two depositions, filed frivolous objections to standard discovery requests, and misled both the circuit court and opposing counsel throughout the pendency of the litigation. During hearings, the Respondent misrepresented the case’s history to the circuit court. SMITH, Charles Edward – Temporary suspension on January 23, 2023, effective February 18, 2023, pending further Order from the Supreme Court of Maryland. SOBOL, Eliave – Commission Reprimand on April 26, 2023, for failing to safekeep property of clients or third parties and engaging in or assisting another to engage in the unauthorized practice of law. STRINGER, David H. – Reprimand by the Court on March 24, 2023, in a reciprocal action from Arizona, for knowingly making false statements and/or statements made with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

TABE, Kevin Mbeh – Suspension for ninety days on February 27, 2023, effective March 29, 2023, for failing to represent his clients competently and diligently; failing to safekeep funds in an attorney trust account; failing to make required deposits in an attorney trust account; engaging in conduct that is prejudicial to the administration of justice; charging unreasonable fees; failing to adequately communicate with his clients; and repeatedly failing to appear in a timely manner without good cause. The Respondent failed to competently represent two clients in matters in connection with federal immigration proceedings. In both matters, the Respondent failed to deposit fees into a trust account. In one matter, the Respondent did not appear at a preliminary hearing, did not effectively explain the asylum process to his client, submitted an asylum application with several important errors, and lost his client’s only form of photographic identification. In a second matter, the Respondent failed to appear, and caused his client to not appear, at a merits hearing, and neglected to include a required affidavit with a motion to reopen. TANIFORM, Terence – Indefinite Suspension on December 16, 2022, effective immediately, with the right to petition for reinstatement after eighteen months, for failing to represent his clients competently and diligently; failing to adequately communicate with his clients; failing to safekeep funds in an attorney trust account; failing to comply with attorney trust account record-keeping requirements; failing to take steps to protect his clients’ interests upon termination of the representation; knowingly making false statements of material fact or law to third persons; knowingly making false statements to Bar Counsel; knowingly failing to respond to Bar Counsel; engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; and engaging in conduct that is prejudicial to the administration of justice. The Respondent provided multiple clients with incompetent representation, including failing to file necessary papers, which nearly caused a client to be deported; failed to promptly issue refunds of unearned funds to clients; and made intentional misrepresentations to clients, clients’ families, counsel, and Bar Counsel. TRUITT, James Franklin – Commission Reprimand on August 25, 2022, for knowingly disobeying obligations under the rules of a tribunal, failing to properly supervise non-attorney assistants, and engaging in conduct that is prejudicial to the administration of justice. Between 2014 and 2021, the Respondent permitted non-attorney office staff members to prepare unopposed notices of voluntary dismissal, affix the Respondent’s electronic signature, and file the notices without the Respondent’s review. The Respondent failed to indicate to the courts that the notices were signed by any individual other than the Respondent. By permitting subordinate non-attorney assistants to affix his signature and file pleadings he had not personally reviewed, the Respondent failed to comply with signature requirements of Maryland Rule 1-311. TUCKER, Charles T., Jr. – Commission Reprimand on August 24, 2022, for failing to abide by the scope of representation, failing to represent his client diligently, failing to adequately communicate with his clients, failing to communicate to his clients the scope of the representation and the basis or rate of the fee and expenses for which his clients would be responsible before or within a reasonable time after commencing the representation, failing to recognize a conflict of interest, and failing to take steps to protect his clients’ interests upon termination of the representation. The Respondent engaged in professional misconduct while representing clients in four individual employment matters. The Respondent failed to adequately explain the scope of the representation and the terms of his retainer agreement to two clients. He failed to adequately communicate with three clients about the status of their cases. Upon the termination of

representation, the Respondent failed to promptly provide two clients with accountings of their funds and failed to promptly refund one client the unearned portion of the fees the client had paid. In addition, in an automobile accident matter, the Respondent agreed to represent both the driver and the passenger but failed to advise them that the joint representation created a conflict of interest and failed to obtain their informed consent, confirmed in writing, waiving the conflict. TUN, Harry – Disbarment by Consent on January 24, 2023, for knowingly making a false statement of fact or law to a tribunal or failing to correct a false statement of material fact or law previously made to the tribunal by the attorney; committing a criminal act that reflects adversely on the attorney’s honesty, trustworthiness or fitness as an attorney in other respects; engaging in conduct involving dishonesty, fraud deceit or misrepresentation and engaging in conduct that is prejudicial to the administration of justice. VAN BERGEN, Deborah Grace – Commission Reprimand on May 22, 2023, after joining a multi- WESCOTT, Sherwood R. – Suspension for sixty days on February 28, 2023, effective March 30, 2023, for failing to represent his client competently; failing to adequately communicate with his client; collecting unreasonable fees; failing to safekeep unearned fees in his attorney trust account and failing to obtain his client’s informed consent, confirmed in writing, to hold the funds outside of trust; failing to take steps to protect his client’s interests upon termination of the representation; and engaging in conduct that is prejudicial to the administration of justice; failing to prepare for hearings and to communicate with or provide meaningful legal services to a client during the course of the representation; charging an unreasonable fee, the unearned portion of which he failed to keep in a separate trust account during the representation and failed to return upon termination of the representation. WEST, Ryan Thomas – Suspension by consent on May 17, 2023, for ninety days stayed in favor of one year probations with terms and conditions for failing to provide competent and diligent representation, abide by the client’s decisions regarding the representation, failing to adequately communicate with the client and keep the client informed about the status of the representation, filing a motion without a basis for doing so that was not frivolous, making a knowingly false statement of fact to a tribunal and engaging in conduct prejudicial to the administration of justice. WINTER, Justin Michael – Disbarment by Consent on May 25, 2023, following a Temporary Suspension on April 21, 2023, for failing to provide competent and diligent representation, failing to keep clients informed about the representation; charging/collecting an unreasonable fee; failing to hold client/third party property in trust; failing to hold property in his possession in which two or more persons claim interests in trust until the dispute is resolved; making a false statement of fact or law to a tribunal or failing to correct a false statement of material fact or law previously made to a tribunal by the attorney; making a frivolous discovery request or failing to make diligent

efforts to comply with a legally proper discovery request by an opposing party; making a false statement of material fact or law to a third person; making a false statement of material fact and knowingly failing to respond to a lawful demand for information from Bar Counsel, committing a criminal act adversely reflecting on his honesty trustworthiness or fitness as an attorney in other respects; engaging in conduct involving dishonesty, fraud, deceit or misrepresentation and engaging in conduct that is prejudicial to the administration of justice and violating or attempting to violate the Maryland Attorneys’ Rules of Professional Conduct. The misconduct occurred during the Respondent’s representation in six client matters and the Bar Counsel’s investigation. The Respondent was also convicted of obtaining property or service by bad check and theft of $1,500 to under $25,000. WRIGHT, Gary Don – Disbarment by Consent on March 24, 2023, following a Temporary Suspension on October 4, 2022, in a reciprocal action from Virginia, for failing to abide by the client’s decisions concerning the objectives of representation and failing to consult with the client as to the means by which they are to be pursued; representing a client when the representation involves a concurrent conflict of interest; failing to hold all funds held by the lawyer on behalf of a client or a third party, or as a fiduciary in an identifiable trust account; knowingly making a false statement to a disciplinary authority; and engaging in conduct involving dishonesty, fraud, deceit or misrepresentation which adversely reflects on the lawyer’s honesty, trustworthiness or fitness to practice law pursuant to the Virginia Rules of Professional Conduct and the corresponding District of Columbia Rules of Professional Conduct. WRIGHT, Phillip Wayne – Disbarment by Consent on April 21, 2023, for failing to provide competent and diligent representation, failing to abide by the client’s decisions concerning the objectives of the representation and/or failing to consult with the client as to the means by which they are to be pursued, failing to communicate with the client concerning any decisions or circumstances with respect to which the client’s informed consent is required and/or keep the client reasonably informed about the status of the matter, promptly comply with reasonable requests for information and consult with the client about any relevant limitation on the attorney’s conduct when the attorney knows that the client expects assistance not permitted by the Maryland Attorneys’ Rules of Professional Conduct or other law, failing to decline the representation of a client or failing to withdraw from the representation of a client if the representation will result in violation of the Attorneys’ Rules of Professional Conduct or other law, failing to make reasonable efforts to expedite litigation consistent with the interests of the client, knowingly disobeyed an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists and/or in pretrial procedure, making a frivolous discovery request or failing to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party; failing to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from a disciplinary authority and violating or attempting to violate the Maryland Attorneys’ Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another and engaging in conduct that is prejudicial to the administration of justice. ZERIVITZ, A. David – Commission Reprimand on October 3, 2022, for failing to maintain fairness to opposing party and counsel and engaging in conduct that is prejudicial to the administration of justice. The Respondent represented a client in a family law matter, and a judge

asked him to prepare an order reflecting the terms of an agreement placed on the record during a settlement conference. The Respondent sent the opposing counsel a proposed consent order that did not reflect the parties’ agreement and failed to revise the proposed order after opposing counsel rejected it. Instead, the Respondent filed the consent order that included the terms opposing counsel had rejected. The Respondent failed to take steps to correct his filing or advise the court that his filing did not accurately reflect the parties’ agreement. As a result, his client incurred additional fees.

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
State Bar
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Legal professionals
Industry sector
5411 Legal Services
Activity scope
Attorney Discipline Legal Practice Management
Geographic scope
US-MD US-MD

Taxonomy

Primary area
Judicial Administration
Operational domain
Legal
Topics
Professional Conduct Attorney Discipline

Get Courts & Legal alerts

Weekly digest. AI-summarized, no noise.

Free. Unsubscribe anytime.

Get alerts for this source

We'll email you when MD Attorney Grievance Commission Sanctions publishes new changes.

Free. Unsubscribe anytime.