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Attorney Grievance Commission v. Lawson
428 Md. 102
| Md. | 2012
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Background

  • In 2007, this Court suspended Lawson for improper efforts to increase a fee by threatening withdrawal after beginning representation, leading to disbarment for pre-suspension fee misconduct.
  • The Attorney Grievance Commission charged Lawson with multiple MLRPC violations arising from his representation of Fields in a divorce and property division.
  • Judge Cahill conducted a hearing, made findings of fact, and concluded Lawson violated 1.2(a), 1.5(a), 1.8(a), 1.15(a), and 8.4(a)-(d) while finding no 1.1 violation; Lawson did not participate in the hearing.
  • Lawson’s fee practices included excessive hours for a modest matter, billing for clerical tasks at full rate, and a disputed fee settlement that favored Lawson.
  • There was a disputed lien agreement on proceeds, failure to refund a van title, and misrepresentations about disciplinary status; the Court affirmed disbarment based on ethics violations and aggravating factors.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Lawson violated 1.1/competent representation Commission contends lack of competence due to poor handling Lawson argues no deficiency in knowledge or preparation No violation of 1.1 established
Whether Lawson violated 1.2(a) on client-decided objectives and actions Fields’ objectives were not properly pursued; discovery actions supported Fields misunderstood discovery; representation limited to divorce No 1.2 violation found
Whether Lawson violated 1.5 on unreasonable fees Fees were excessive relative to services Original rate reasonable; total charged was disputed Violation of 1.5 established
Whether Lawson violated 1.8(a) by business transaction with client Lien on proceeds was improper Transaction within the fee dispute context Violation of 1.8 established
Whether Lawson violated 1.15(a) by safeguarding client property Failed to segregate funds and return property Dispute resolved by settlement; no ongoing dispute established Violation of 1.15 established
Whether Lawson violated 8.4 by misconduct (dishonesty, etc.) Disciplinary violations and deceit in handling fees N/A or not specific Violation of 8.4 established

Key Cases Cited

  • Attorney Grievance Comm’n v. Lawson, 401 Md. 536 (Md. 2007) (precedent on fee disputes and disciplinary consequences)
  • Attorney Grievance Comm’n v. Roberson, 373 Md. 328 (Md. 2003) (unreasonable-fee framework and fee-interest concerns)
  • Attorney Grievance v. Lara, 418 Md. 355 (Md. 2011) (disbarment for improper retention of fees and communications during investigation)
  • Attorney Grievance Comm’n v. Zuckerman, 386 Md. 341 (Md. 2005) (multiplicity of aggravating factors in sanctions)
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Case Details

Case Name: Attorney Grievance Commission v. Lawson
Court Name: Court of Appeals of Maryland
Date Published: Aug 21, 2012
Citation: 428 Md. 102
Docket Number: Misc. Docket AG No. 4
Court Abbreviation: Md.