Attorney Grievance Commission v. Green
105 A.3d 500
| Md. | 2014Background
- The Attorney Grievance Commission filed two PDRA petitions against John M. Green under Md. Rule 16-751 for violations of the Maryland Lawyers’ Rules of Professional Conduct.
- The two cases were consolidated for a single evidentiary hearing before Judge Cynthia Callahan in Montgomery County.
- Green failed to answer or appear in the circuit court proceedings in December 2013, and Bar Counsel sought sanctions.
- In Ward matter, Green received a $3,500 retainer in 2010 but did not deposit it in a trust account or provide timely invoices; he later billed $7,845 and invoicing was months late.
- In the Young matter, Green failed to respond to Bar Counsel’s requests regarding Nicole Jackson-Young’s complaint and did not appear at a required court date.
- Judge Callahan found multiple rule violations and the Court of Appeals affirmed, suspending Green indefinitely with no minimum reinstatement period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Green violated the RPC by failing to communicate and by mishandling the retainer. | Ward involved noncompliance and mismanagement. | Green contended communication issues did not affect representation. | Yes; violations found (1.4, 1.5, 1.15). |
| Whether Green violated trust accounting rules by depositing funds improperly. | Retainer was unprotected client funds. | No proven prejudice from handling; competence remained. | Yes; violations of 1.15(a), (c), (d). |
| Whether Green failed to respond to Bar Counsel and thus violated 8.1(b) and 8.4(d). | Repeated failure to respond prejudiced proceedings. | Nonresponse did not negate duties; argued ongoing matters. | Yes; violations of 8.1(b) and 8.4(d). |
| Whether the appropriate sanction is an indefinite suspension. | Severe misconduct warrants indefinite suspension. | No mitigation; argued for different discipline. | Indefinite suspension with right to apply for reinstatement; no minimum sit-out set. |
Key Cases Cited
- Harmon v. People, 433 Md. 612 (Md. 2013) (court accepts hearing judge findings; sanctions depend on law)
- Fezell, 361 Md. 234 (Md. 2000) (responding to disciplinary authority letters violations)
- Rose, 383 Md. 385 (Md. 2004) (8.4(d) prejudicial to administration of justice)
- Kovacic, 389 Md. 233 (Md. 2005) (indefinite suspensions for multiple RPC violations)
- Stillwell, 434 Md. 248 (Md. 2013) (indefinite suspension for lack of diligence and cooperation)
- Guida, 391 Md. 33 (Md. 2006) (trust funds must be deposited in client trust accounts)