Attorney Grievance Commission v. Moeller
427 Md. 66
| Md. | 2012Background
- Petitioner filed a disciplinary action against Moeller for overdrawn client trust funds and related conduct.
- Judge Plitt held a default against Moeller after he failed to answer; the hearing proceeded in his absence.
- The investigated overdraft occurred June 2006, with a $1,900 check that caused the trust shortfall.
- Respondent failed to respond to multiple Bar Counsel requests and health issues were claimed as explanations.
- Findings showed withdrawals for personal use and a lack of sufficient trust account balance to cover the recordation tax.
- The hearing judge concluded Moeller violated MLRPC 1.1, 1.15(a), 8.1(b), and 8.4(d) and recommended indefinite suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moeller violated MLRPC 1.1 | Petitioner asserts lack of competence in maintaining funds. Moeller failed to ensure sufficient funds. | Moeller did not present a defense; claims health issues and lack of clients. | Yes; violation established. |
| Whether Moeller violated MLRPC 1.15(a) | Petitioner argues failure to keep client funds separate and properly account for them. | Moeller contends health problems affected conduct (not a defense to the rule). | Yes; violation established. |
| Whether Moeller violated MLRPC 8.1(b) | Petitioner contends Moeller knowingly failed to respond to inquiries. | Moeller did not file a defense; not responsive. | Yes; violation established. |
| Whether Moeller violated MLRPC 8.4(d) | Petitioner contends conduct prejudicial to the administration of justice. | No substantive defense provided. | Yes; violation established. |
| Whether indefinite suspension is an appropriate sanction | Indefinite suspension supported by trust accounting failures and non-cooperation. | Not applicable; no response. | Indefinite suspension warranted. |
Key Cases Cited
- Attorney Grievance Comm'n v. Mba-Jonas, 397 Md. 690, 919 A.2d 669 (Md. 2007) (trust account irregularities; indefinite suspension)
- Attorney Grievance Comm'n v. Steinberg, 385 Md. 696, 870 A.2d 603 (Md. 2005) (failure to cooperate; indefinite suspension)
- Attorney Grievance Comm'n v. Rose, 383 Md. 385, 859 A.2d 659 (Md. 2004) (overdrawn trust account; indefinite suspension with reinstatement option after six months)
- Nussbaum v. Attorney Grievance Comm’n, 401 Md. 612, 934 A.2d 1 (Md. 2007) (trust account mismanagement; 1.15(a) violation)
- Brown v. Attorney Grievance Comm’n, 426 Md. 298, 44 A.3d 344 (Md. 2012) (deferential review of sanctions; underlying misconduct)