31 A.3d 103
Md.2011Background
- Agiliga was admitted to the Maryland Bar in 1993 and was decertified in 2008 for failing to file a pro bono report, then suspended in 2009 for failure to pay the Client Security Trust Fund assessment.
- The petition concerned four cases handled by Agiliga; one client matter (Juliet Williams) was withdrawn before the hearing.
- In Sarumi, a personal injury matter, total bills were $3,225; Geico paid $1,883.37 to Prime Care Chiropractic, leaving a balance of $1,341.51; Agiliga signed a medical assignment; the case settled but Prime Care was not paid and six status letters went unanswered; Agiliga had no records of settlement amounts or disbursements.
- In Perry, another personal injury matter, a doctor's lien was signed; the case settled but no payment was received; seven letters were sent with no response; a balance of $2,080 remained and Agiliga had no case records.
- Ablavi Amegee and Koffivi Adedze Doglan retained Agiliga; their health care providers were Riggs Chiropractic Clinic; settlement occurred in November 2008 but payments to clients were not made until March 2009; there was evidence of partial payment to the clinic and no further disbursement to clients.
- Agiliga testified the omissions stemmed from a severe financial crisis and the loss of access to his files due to being locked out; he claimed he later reviewed files and resolved issues; he admitted not maintaining an escrow account and that he continued to practice after decertification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Agiliga misused client funds and failed to safeguard them. | Agiliga misappropriated funds and failed to maintain proper trust accounting. | Agiliga contends there was no intent to defraud and disputes the extent of misappropriation. | Disbarment warranted due to willful misappropriation and mismanagement of client funds. |
| Whether Agiliga engaged in unauthorized practice of law while decertified. | Agiliga continued practicing despite decertification and suspension. | Agiliga argues no deliberate intent to defraud and that some actions occurred during financial hardship. | Disbarment confirmed for continuing practice while decertified. |
| Whether Agiliga violated trust-account rules and failed to maintain records. | Failure to maintain escrow or proper records and failure to promptly disburse funds. | Financial difficulties and later attempts to rectify recordkeeping. | Disbarment upheld; violations of MRPC 1.1, 1.3, 1.15, 16-603, 16-604, 16-609 and related provisions found. |
Key Cases Cited
- Attorney Grievance Comm'n v. Stern, 419 Md. 525 (Md. 2011) (disbarment appropriate for misappropriation of client funds in similar pattern)
- Attorney Grievance Comm'n v. Nussbaum, 401 Md. 612 (Md. 2007) (disbarment for pattern of misappropriation and misuse of client funds)
- Attorney Grievance Comm'n v. Brown, 380 Md. 661 (Md. 2004) (disbarment following unmitigated misappropriation of client funds)
- Attorney Grievance Comm'n v. Gore, 380 Md. 455 (Md. 2004) (publicized sanctioning considerations; proportionality of discipline)
- Cherry-Mahoi v. Attorney Grievance Comm'n, 388 Md. 124 (Md. 2005) (misappropriation with deceit requires severe sanction absent extenuating circumstances)