483 Md. 294
Md.2023Background
- Culberson, a solo Maryland family-law practitioner since 1994, entered a 2014 retainer to manage Buck’s business/farm affairs for a $3,500 monthly flat fee (legal work billed separately).
- In March 2016 Buck executed a power of attorney authorizing Culberson access to Buck’s trust-funded checking (GBB Account).
- From April 2016–July 2019 Culberson made 323 cash withdrawals from the GBB Account totaling $940,297; $342,500 was deposited to a farm account and ~$597,797 was unaccounted for.
- Culberson did not provide contemporaneous invoices or client ledgers, later produced invoices charging hourly rates (totaling ~$293,014) that billed work covered by the flat fee; she also produced spreadsheets that mismatched bank records.
- Bar Counsel’s investigation found misappropriation, recordkeeping violations, and intentional misrepresentations to Bar Counsel; Culberson failed to cooperate with discovery and did not appear at the evidentiary hearing.
- The hearing judge found multiple MARPC and Rule 19-407 violations by clear and convincing evidence, identified numerous aggravating factors, and the Supreme Court of Maryland imposed disbarment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to communicate (MARPC 1.4) | Culberson failed to provide invoices/accountings despite requests, depriving Buck of informed decisions | No evidence of communications proving violation; client testimony unnecessary | Violation proved: invoices and bank records show lack of accounting and noncompliance with requests |
| Charging unreasonable fees (MARPC 1.5(a)) | Culberson withdrew hourly fees for services covered by flat fee and failed to bill per retainer | Fees were appropriate; no proof unreasonable | Violation proved: billed conduct contradicted retainer and practice; failure to provide invoicing breached rule |
| Conflict/self-dealing & misappropriation (MARPC 1.7, 1.15(a)) | As agent/attorney Culberson used POA to withdraw funds for personal benefit without accounting | Disputes accuracy of accounting; contests factual findings | Violation proved: unauthorized withdrawals + lack of records constituted misappropriation and self-dealing |
| Trust-account recordkeeping (Md. Rule 19-407) | Culberson failed to create/maintain client-matter records and ledgers as required | Claimed records lost due to assistant’s computer crash; contested sufficiency of proof | Violation proved: admitted absence of client ledgers and failure to produce required records |
| False statements / impeding investigation (MARPC 8.1; 8.4(c)) | Culberson knowingly misrepresented fee increases, invoice instructions, existence of records, and submitted false spreadsheets | Argued lack of witnesses with personal knowledge; challenged knowing intent findings | Violation proved: hearing judge found multiple intentional misrepresentations to Bar Counsel |
| Appropriate sanction | Bar Counsel: disbarment for knowing misappropriation and related misconduct | Culberson: requested lesser sanction, claimed she no longer practices law | Disbarment affirmed: misappropriation + aggravating factors warrant disbarment under Maryland precedent |
Key Cases Cited
- Attorney Grievance Comm’n v. Silbiger, 478 Md. 607 (2022) (misappropriation precedent; disbarment warranted)
- Attorney Grievance Comm’n v. Goodman, 426 Md. 115 (2012) (misappropriation and comingling client funds)
- Attorney Grievance Comm’n v. Jones, 428 Md. 457 (2012) (entrustment of client funds imposes highest responsibility)
- Attorney Grievance Comm’n v. Karambelas, 473 Md. 134 (2021) (misconduct prejudicial to administration of justice)
- Attorney Grievance Comm’n v. Rand, 445 Md. 581 (2015) (failure to provide invoicing per retainer violates Rule 1.5)
- Attorney Grievance Comm’n v. Green, 441 Md. 80 (2014) (failure to provide invoices violates Rules 1.4 and 1.5)
- Attorney Grievance Comm’n v. Robbins, 463 Md. 411 (2019) (self-dealing by attorney-trustee violates Rule 1.7)
- Attorney Grievance Comm’n v. Yates, 467 Md. 287 (2020) (discipline may follow from criminal-like acts without criminal conviction)