198 A.3d 234
Md.2018Background
- Respondent Yolanda M. Thompson, admitted in D.C. (not Maryland), maintained a Maryland mailing address and opened/used a Maryland TD Bank attorney trust account from 2014–2016. She represented several clients including Norma Jean Bess.
- Ms. Bess paid $200 in advance for two letters; Thompson prepared only one, withdrew client funds before they were earned, failed to refund the unearned $100, and did not communicate timely about the matter.
- Thompson’s trust account experienced multiple overdrafts (Aug. and Oct. 2016); she later closed the trust account and commingled/deposited personal and client funds, made numerous cash withdrawals, and deposited client checks into a personal account.
- Bar Counsel repeatedly requested records and information; Thompson failed to produce documents, did not timely answer the disciplinary petition, and was defaulted at the circuit-court hearing; her oral statement to an investigator that she ‘‘exclusively handled bankruptcy matters’’ was found to be knowingly false.
- The hearing judge found violations of multiple MARPC provisions (competence, diligence, communication, fees, safekeeping, terminating representation, unauthorized practice, disciplinary cooperation, and misconduct). The Court of Appeals reviewed de novo and affirmed most findings.
Issues
| Issue | Attorney Grievance Commission (Plaintiff) | Thompson (Defendant) | Held |
|---|---|---|---|
| Competence / Diligence / Communication re: Bess | Thompson failed to draft second letter, failed to communicate, and abandoned the matter | Claimed she delivered first letter, pursued the second, and that Bess delayed; late-submitted receipts not in record | Violations of MARPC 19-301.1, 19-301.3, 19-301.4 affirmed |
| Fees / Unearned advance / Refund | Took $200 advance, withdrew funds before earning, failed to refund $100 | Argued $20 was earned after first letter and later refunded (evidence not in record) | Violations of MARPC 19-301.5(a) and 19-301.16(d) affirmed |
| Safekeeping / Commingling / Misuse of trust funds | Maintained trust account, commingled personal/client funds, made improper cash withdrawals and payments | Claimed some deposits were personal or family payments; admitted some mismanagement | Violations of MARPC 19-301.15(a)–(d) affirmed |
| Unauthorized practice / Holding out as Maryland practitioner | Maintained systematic Maryland presence (maildrop, home address, MD bank accounts), held out as practicing in Maryland | Claimed maildrop is UPS box and home cannot be an office; no record evidence of practice elsewhere | Violations of MARPC 19-305.5(b) affirmed; Court exercised disciplinary authority under Rule 19-308.5(a)(2) |
| False statement / Failure to cooperate with investigation | Knowingly misrepresented practice area (bankruptcy) and failed to respond to Bar Counsel subpoenas/requests | Denied intent to mislead; said she mainly handled immigration (federal practice) | Violations of MARPC 19-308.1(a),(b) and 19-308.4(c),(d) affirmed |
| Sanction | Sought disbarment | Recommended training/lesser sanction; cited inexperience and lack of prior discipline | Court imposed 60-day suspension, conditioned on completion of solo-practitioner course emphasizing trust-account maintenance; costs taxed to Respondent |
Key Cases Cited
- Attorney Grievance Comm’n v. Brown, 426 Md. 298 (discussing competence standard and timely action)
- Attorney Grievance Comm’n v. Hamilton, 444 Md. 163 (requiring client funds be held separate and in trust accounts)
- Attorney Grievance Comm’n v. Floyd, 400 Md. 236 (sanctioning dishonest conduct with suspension where mitigating factors exist)
- Attorney Grievance Comm’n v. Vanderlinde, 364 Md. 376 (noting disbarment is ordinarily for intentional dishonesty)
- Attorney Grievance Comm’n v. Ndi, 459 Md. 42 (disciplinary jurisdiction over out-of-state attorneys who offer/provide services or hold out in Maryland)
- Attorney Grievance Comm’n v. Johnson, 450 Md. 621 (averments in petition deemed admitted after default)