Attorney Grievance Commission v. Lara
14 A.3d 650
| Md. | 2011Background
- Lara admitted to the Maryland Bar on Dec. 13, 1995; Court barred his practice for default in Client Protection Fund assessment in 2009.
- Bar Counsel filed a Petition for Disciplinary or Remedial Action under Rule 16-751(a) accusing multiple violations of the Maryland Rules of Professional Conduct.
- Frye and Johnson paid advance fees ($500 and $600) for Chapter 7 bankruptcies; Lara deposited these funds in a personal account, not a trust account, and provided no services.
- Lara abandoned both clients after receiving the fees and did not refund any unearned fees; he failed to respond to Bar Counsel’s requests.
- A circuit court entered a default against Lara after he did not answer; a hearing was held where evidence showed the alleged misconduct was proven by clear and convincing evidence.
- Judge Boynton concluded Lara violated several Rules (1.3, 1.4, 1.15, 1.16, 8.1, 8.4) and recommended disbarment; the Maryland Court of Appeals agreed on de novo review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lara violated Rules of Professional Conduct as found by the hearing judge. | Lara's conduct violated multiple Rules; Bar Counsel. | Lara did not participate; no contrary argument filed. | Yes; violations established. |
| Whether disbarment is warranted given the violations. | Disbarment has been used for flagrant neglect and nonresponse. | Not stated; Lara did not participate. | Disbarment warranted. |
| Proper scope of sanction considering the conduct and pattern of neglect. | Sanction should protect the public and sanction seriousness. | N/A (no defense filed). | Disbarment appropriate. |
| Whether the court should impose costs against Lara. | Bar Counsel seeks costs as taxed by the clerk. | N/A. | Costs awarded to the Attorney Grievance Commission. |
Key Cases Cited
- Attorney Grievance v. Tinsky, 377 Md. 646 (2003) (disbarment for egregious neglect and failure to respond)
- Attorney Grievance v. Logan, 390 Md. 313 (2005) (disbarment for client abandonment and nonparticipation)
- Attorney Grievance v. Ugwuonye, 405 Md. 351 (2008) (unearned fees must be held in trust; misappropriation issues)
- Attorney Grievance v. Lawson, 401 Md. 536 (2007) (sanctions for failure to safeguard client funds)
- Attorney Grievance v. Jarosinski, 411 Md. 432 (2009) (discusses duty to respond to disciplinary inquiries)
- Attorney Grievance v. Foltz, 411 Md. 359 (2009) (conduct involving multiple Rule violations and misconduct)
- Faber, 373 Md. 173 (2003) (disbarment when misappropriation and failure to comply with Bar requests)