Attorney Grievance Commission v. Brisbon
31 A.3d 110
Md.2011Background
- Brisbon was admitted to the Maryland Bar in 1977 and was indefinitely suspended on March 17, 2005.
- In 2010, the Attorney Grievance Commission filed a petition for disciplinary action against Brisbon for unauthorized practice of law.
- Hearing judge found Brisbon acted as an immigration consultant, not as a licensed attorney, and violated MRPC 1.1, 1.4, 1.5, 5.5 and 8.4.
- Stipulations show Brisbon conducted consultations, collected fees, prepared immigration forms, and submitted documents to USCIS for the Nkrumahs while suspended.
- Brisbon failed to disclose her suspended status or lack of admission to practice law, and engaged in activities that simulated legal representation before USCIS.
- Court sustained the unauthorized practice finding under the Maryland Immigration Consultant Act (MICA) and continued her indefinite suspension, with Bar costs assessed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brisbon committed unauthorized practice of law | Brisbon provided legal services as an immigration consultant. | Brisbon argues no clear evidence she practiced law; actions were incidental. | Yes; Brisbon engaged in unauthorized practice of law. |
| Whether MICA supports disciplinary violation | Actions fell within 'immigration consultant' activities prohibited without license. | Disputed applicability of MICA to contested actions. | MICA applied; violation sustained. |
| What sanction is appropriate for ongoing unauthorized practice | Disbarment or strong sanction warranted due to long conduct while suspended. | Continued indefinite suspension sufficient, given health and non-repractice intent. | Indefinite suspension continued; costs awarded. |
Key Cases Cited
- Lukas v. Bar Ass'n of Montgomery County, 35 Md.App. 442 (Md. App. 1977) (preparation of legal documents constitutes the practice of law)
- Public Service Comm. v. Hahn Transp., Inc., 253 Md. 571 (Md. 1969) (court decides what constitutes the practice of law; separation of powers)
- Hallmon, 343 Md. 390 (Md. 1996) (test for determining what falls within 'practice of law' in context)