Attorney Grievance Commission v. Berry
85 A.3d 207
Md.2014Background
- Berry, a Maryland attorney since 1988, was disciplined for misappropriating funds from the Bowles Estate and for extensive falsifications in nine court filings and multiple estate accounts over seven years.
- He served as successor personal representative for the Bowles Estate and opened an escrow account; he deposited his own funds to cover overdrafts.
- He disbursed over $50,000 to himself without court authorization and concealed unauthorized withdrawals in numerous accounts.
- He filed petitions and accounts containing false statements and misrepresentations to the Orphans’ Court to conceal the withdrawals.
- Bank records and testimony showed commingling of client funds with personal funds and repeated misstatements to conceal misconduct.
- The Circuit Court granted disciplinary findings and recommended disbarment; the Court of Appeals ultimately disbarred Berry as the sanction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Berry violated MRPC 1.15 by misusing Bowles funds | Berry commingled funds and misappropriated Bowles monies | Berry argues prior Petitions justify some disbursements | Yes; MRPC 1.15 violated |
| Whether Berry violated MRPC 3.3 by false statements to the court | Berry filed accounts with deliberate misrepresentations | No intentional deceit argued | Yes; MRPC 3.3 violated |
| Whether disbarment is the appropriate sanction | Disbarment warranted due to serious misconduct | Indefinite suspension could be sufficient | Disbarment warranted |
Key Cases Cited
- Attorney Grievance Comm’n v. O’Leary, 433 Md. 2 (2013) (original jurisdiction over attorney discipline; standard of review)
- Attorney Grievance Comm’n v. Fader, 431 Md. 395 (2013) (deference to hearing judge; pattern of misconduct and dishonesty)
- Attorney Grievance v. Penn, 431 Md. 320 (2013) (pattern of misconduct; multiple offenses; aggravating factors)
- Attorney Grievance Comm’n v. Goodman, 426 Md. 115 (2012) (prejudicial to administration of justice; dishonesty)
- Attorney Grievance v. Carithers, 421 Md. 28 (2011) (misappropriation of funds; prejudice to justice)
- Attorney Grievance v. Sullivan, 369 Md. 650 (2002) (mishandling estate funds as prejudicial to justice)
- Attorney Grievance v. Gallagher, 371 Md. 673 (2002) (misuse of client funds and deceit)
- Attorney Grievance v. Seiden, 373 Md. 409 (2008) (indefinite suspension for negligent conduct)