Attorney Grievance Commission v. Sucklal
12 A.3d 650
| Md. | 2011Background
- Attorney Grievance Commission filed a disciplinary action against Sirina Sucklal on July 16, 2009; the Court ordered the matter to be heard by Judge C. Philip Nichols, Jr. under Maryland Rule 16-757.
- Judge Nichols found multiple violations of MRPC Rules (5.5, 1.4, 1.5, 7.1, 7.5, 8.4, etc.) and unfiled exceptions by Respondent; Respondent did not object to the findings.
- A writ of summons was issued twice for service; the second summons was issued December 1, 2009, and Respondent allegedly served December 7, 2009, though service was contested.
- Petitioner moved for an order of default claiming Respondent failed to respond; the court entered a default and scheduled a hearing for April 14, 2010, after which evidence was presented.
- Respondent argued lack of personal jurisdiction; the court rejected this defense and proceeded with the disciplinary hearing; Judge Nichols issued findings and conclusions on July 1, 2010.
- The Court of Appeals, after de novo review, disbarred Respondent to protect the public, and ordered payment of costs pursuant to Md. Rule 16-761.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction over Respondent | Petitioner asserts Court has original, complete Maryland jurisdiction over attorney discipline anywhere in the state. | Respondent contends no personal jurisdiction because she resides outside Prince George's County and the misconduct occurred elsewhere. | No merit; Court has original jurisdiction over attorney discipline regardless of Respondent's residence or location of misconduct. |
| Unauthorized practice and misrepresentation of status | Respondent violated 5.5, 7.1, and 7.5 by establishing an law firm, misrepresenting Maryland admission, and using improper professional designation. | Respondent disputes the evidence; argues lack of authority to practice in Maryland. | Respondent disbarred for practicing law without Maryland admission and related misrepresentations. |
| Dishonesty and misrepresentation in client dealings; fee-related misconduct | Respondent engaged in dishonesty and deceit in dealings with Smith and Powell; charged unreasonable or undisclosed fees. | Respondent disputes fee practices and client communications. | Disbarment warranted for serious misconduct including dishonesty, deceit, and improper billing under MRPC 8.4 and related rules. |
Key Cases Cited
- Attorney Grievance Comm'n v. Rand, 411 Md. 83 (2009) (Court recognized broad jurisdiction in attorney discipline proceedings)
- Attorney Grievance Commission v. Alsafty, 379 Md. 1 (2003) (Disbarment appropriate where conduct involves dishonesty and public trust issues)
- Attorney Grievance Commission v. Kimmel & Silverman, 405 Md. 647 (2008) (Disciplinary sanctions guided by reciprocal considerations and public protection)
- Attorney Grievance Comm'n v. Siskind, 401 Md. 41 (2007) (Discipline to protect the public and sanction proportionally to gravity of violations)
