256 A.3d 810
Md.2021Background:
- Jennifer Lynn Leatherman, admitted 2000, represented two clients (Kaixin He — immigration/guardianship matter; Angelina Von‑Jackson — divorce) and collected $2,500 and $2,000 retainers.
- Respondent deposited client funds into a personal account rather than an attorney trust account and re‑deposited He’s check, which caused an additional $2,500 debit from He’s bank account.
- In Von‑Jackson’s matter Respondent failed to propound discovery, failed to respond to opposing counsel’s discovery, missed and cancelled client meetings, and did not timely transfer the file or unearned retainer to successor counsel.
- Both clients repeatedly sought refunds or case information; Respondent provided little substantive work or timely refunds (only a partial refund to He), and made knowingly false statements to clients and successor counsel about discovery and file contents.
- Respondent largely failed to respond to Bar Counsel’s repeated inquiries, did not participate in the disciplinary hearing (default entered), and had prior discipline (indefinite suspension 2009).
- The hearing judge found multiple MARPC violations (competence, diligence, communication, fees, safekeeping property, termination duties, bar‑disciplinary cooperation, and misconduct); this Court independently affirmed and disbarred Respondent.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Respondent violated competence, diligence, and communication rules by failing to perform legal work and keep clients informed | Leatherman failed to propound/respond to discovery, provided little or no legal work, missed meetings, and did not keep clients reasonably informed | Respondent asserted illness and hospitalizations as explanation for failures but gave no substantively timely notice or arrangements | Court held violations of MARPC 19‑301.1, 19‑301.3, 19‑301.4 affirmed |
| Whether Respondent misappropriated client funds / failed to safekeep trust property by depositing retainers into personal account and re‑depositing He’s check | Leatherman deposited retainers into personal accounts, re‑deposited He’s check causing an additional $2,500 debit, and failed to refund unearned fees — constituting misappropriation and trust accounting breaches | Respondent offered a late partial refund and invoked illness/movement of office but gave no justification for re‑deposit or trust accounting failures | Court held violations of MARPC 19‑301.15 and 19‑308.4(b),(c); misappropriation established |
| Whether Respondent failed to cooperate with Bar Counsel and violated bar‑disciplinary obligations | Bar Counsel showed numerous certified requests unanswered and inadequate responses, demonstrating refusal to comply | Respondent cited health and relocation but failed to provide requested documentation or substantive replies | Court held violation of MARPC 19‑308.1; failure to respond and obstruction affirmed |
| Appropriate sanction for the pattern of misconduct (including aggravating factors) | Petitioner sought disbarment given prior discipline, dishonest motive, pattern, multiple violations, obstruction, and indifference to restitution | Respondent did not meaningfully contest sanction or present mitigating evidence beyond claimed illness | Court imposed disbarment given multiple aggravated offenses and lack of mitigating factors |
Key Cases Cited
- Attorney Grievance Comm’n v. Davenport, 472 Md. 20 (treating hearing judge’s findings as established where no exceptions were filed)
- Attorney Grievance Comm’n v. Riely, 471 Md. 458 (competence, diligence, and communication obligations commonly interrelate)
- Attorney Grievance Comm’n v. Edwards, 462 Md. 642 (fees become unreasonable if lawyer fails to earn them; trust accounting obligations)
- Attorney Grievance Comm’n v. Payer, 425 Md. 78 (disbarment appropriate for misappropriation, pattern of dishonesty, and failure to provide competent representation)
- Attorney Grievance Comm’n v. Stillwell, 434 Md. 248 (failure to deposit client funds in trust account violates safekeeping rule)
- Attorney Grievance Comm’n v. Sanderson, 465 Md. 1 (disbarment where misappropriation, knowing misrepresentations, and failure to cooperate with Bar Counsel occurred)