Attorney Grievance Commission v. Storch, 124 A.3d 204

Patricia DuVall Storch, admitted 1982, was appointed personal representative of George Gault’s estate in May 2007.
As personal representative she failed to file required interim accounts, failed to appear at Orphans’ Court hearings, and failed to file a required certificate of service.
On July 11, 2012 the Orphans’ Court removed Storch and appointed Michael W. Davis as successor, ordering Storch to deliver all estate property (bank accounts, residence, investment and IRA accounts, ledgers).
Storch refused to turn over estate property, was found in civil contempt (direct and constructive), given opportunities to purge, and remains noncompliant and subject to continuing fines.
The Attorney Grievance Commission charged violations of multiple Maryland Lawyers’ Rules of Professional Conduct (MLRPC). A hearing judge found by clear and convincing evidence violations of Rules 1.1, 1.2(a), 1.3, 1.16(a) and (d), 3.2, 3.4(a) and (c), and 8.4(a) and (d).
This Court adopted the hearing judge’s findings (no exceptions filed), affirmed the rule violations, and imposed an indefinite suspension and assessed costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Storch’s failure to file accounts and appear at hearings violated competence and diligence rules (MLRPC 1.1, 1.3)	AGC: omissions demonstrate lack of competence, preparation, diligence	Storch: no timely defense or exceptions filed; no substantive rebuttal in record	Court: Violations of Rules 1.1 and 1.3 established
Whether continuing to act and refusing to turn over estate property after removal violated withdrawal/termination duties and fairness rules (MLRPC 1.16(a),(d); 3.4(a),(c); 3.2)	AGC: Storch’s refusal obstructed access to estate property, disobeyed court orders, delayed administration	Storch: did not present timely response; remained noncompliant	Court: Violations of 1.16, 3.2, 3.4 established; conduct prejudicial to administration of justice
Whether MLRPC apply when an attorney acts as a non‑attorney fiduciary (personal representative)	AGC: attorney skills and fiduciary role subject Storch to MLRPC even if not counsel of record	Storch: no preserved argument in record contesting applicability	Court: MLRPC apply to attorneys acting in nonprofessional capacities that use legal skill; rules apply here
Appropriate sanction for the misconduct	AGC: indefinite suspension consistent with precedent for estate mishandling	Storch: no mitigating argument presented on record	Court: Indefinite suspension imposed; respondent to pay costs

Attorney Grievance Comm’n v. Shakir, 427 Md. 197 (2012) (competence requirement under MLRPC 1.1)
Attorney Grievance Comm’n v. Guida, 391 Md. 33 (2006) (failure to file required documents shows lack of preparation/thoroughness)
Attorney Grievance Comm’n v. Mooney, 359 Md. 56 (2000) (failure to appear at court can violate competence rule)
Attorney Grievance Comm’n v. Kendrick, 403 Md. 489 (2008) (indefinite suspension for failing to turn over estate assets and records)
Attorney Grievance Comm’n v. Thompson, 376 Md. 500 (2003) (indefinite suspension for mishandling estate administration)
Attorney Grievance Comm’n v. Brigerman, 441 Md. 23 (2014) (sanction considerations where lawyer accepted fees but did not perform meaningful services)
Attorney Grievance Comm’n v. Frost, 437 Md. 245 (2014) (sanctions aim to protect public confidence and deter misconduct)
Attorney Grievance Comm’n v. Paul, 423 Md. 268 (2011) (consideration of aggravating and mitigating circumstances when imposing sanctions)