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