Attorney Grievance Commission v. Blair
102 A.3d 786
| Md. | 2014Background
- Cheryl Nelson retained Floyd Reynard Blair on Nov. 10, 2011 for a family law custody matter and paid a $1,500 retainer.
- Blair filed a deficient motion to vacate a default (missing attorney appearance fee and certificate of service), failed to correct it when notified, and did not enter an appearance.
- Blair failed to appear at a June 19, 2012 hearing; thereafter Nelson terminated the representation and requested a refund.
- Blair did not refund the $1,500, did not maintain client records or an attorney trust account for the retainer, and said he no longer had Nelson’s file.
- Blair did not respond to discovery or the disciplinary petition, default was entered, and he did not appear at the disciplinary hearing or at oral argument before the Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competence (MLRPC 1.1) — did Blair fail to provide competent representation? | Blair accepted a fee then filed a deficient motion and abandoned the case, showing lack of competence and preparation. | No substantive defense — respondent did not contest. | Violation: Blair failed to competently represent Nelson. |
| Diligence (MLRPC 1.3) — did Blair act with reasonable diligence? | Blair did nothing meaningful to advance the case and failed to appear at the hearing. | No substantive defense. | Violation: Blair acted without reasonable diligence. |
| Communication (MLRPC 1.4(a)(2)) — did Blair keep the client informed? | Blair failed to tell Nelson he had not corrected filings, had not entered appearance, had relocated, or was effectively terminating representation. | No substantive defense. | Violation: Blair failed to keep client reasonably informed. |
| Fees & Trust Accounting (MLRPC 1.5(a), 1.15(a),(c)) — was the $1,500 unreasonable or mishandled? | The fee became unreasonable because Blair performed no services of value; he deposited the retainer into a non-trust account without written consent and kept no records. | No substantive defense. | Violations: fee became unreasonable; Blair violated trust-account and recordkeeping rules. |
| Termination / Refund (MLRPC 1.16(d)) — did Blair fail to protect client interests on termination? | Nelson terminated; Blair failed to refund unearned fees or surrender file. | No substantive defense. | Violation: Blair did not refund unearned fee or take reasonable steps to protect client interests. |
| Misconduct (MLRPC 8.4(a),(c),(d)) — did Blair engage in dishonesty or prejudice the administration of justice? | Retention of unearned fee, misrepresentation via lack of trust accounting, abandonment and failure to appear prejudiced justice. | No substantive defense. | Violations: Blair’s conduct constituted professional misconduct under 8.4(a),(c),(d). |
Key Cases Cited
- Attorney Grievance Comm’n v. McCulloch, 404 Md. 388, 946 A.2d 1009 (supports that failure to apply legal skill and abandonment violates Rule 1.1 and 1.3)
- Attorney Grievance Comm’n v. Guida, 391 Md. 33, 891 A.2d 1085 (advance fee can become unreasonable when services not performed; trust-account rules)
- Attorney Grievance Comm’n v. Shakir, 427 Md. 197, 46 A.3d 1162 (failure to appear is a complete failure of representation; trust-account/1.16 refund principles)
- Attorney Grievance Comm’n v. Lara, 418 Md. 355, 14 A.3d 650 (disbarment where attorney deposited advance fees in personal account, performed no work, abandoned clients, and failed to respond to Bar Counsel)
- Attorney Grievance Comm’n v. Tinsky, 377 Md. 646, 835 A.2d 542 (disbarment for abandonment, failure to perform services, and failure to refund unearned fees)
- Attorney Grievance Comm’n v. Gallagher, 371 Md. 673, 810 A.2d 996 (misappropriation/retention of client funds and deceit violate Rule 8.4(c))
- Attorney Grievance Comm’n v. Logan, 390 Md. 313, 888 A.2d 359 (disbarment for abandonment and failure to respond to Bar Counsel)