248 A.3d 996
Md.2021Background
- Celio Warren Young, a D.C.-barred attorney not admitted in Maryland, solicited and represented Maryland resident Joseph E. O’Pharrow III after a serious 2014 car accident.
- Young obtained a $30,000 GEICO settlement in 2014, kept $6,400 as fees, and disbursed $23,600 to the client but did not deposit settlement funds in an attorney trust account.
- Young filed an underinsured motorist claim with Erie but failed to provide statutorily required notice of GEICO’s prior settlement; Erie denied the claim and Young concealed that denial from O’Pharrow for about nine months and misrepresented its status.
- When counsel considered a malpractice claim against Young, he agreed to settlement/payment-plan terms (including an escrow for negotiating medical bills) but failed to advise the client in writing to seek independent counsel, did not negotiate providers’ liens, and defaulted on payment obligations.
- O’Pharrow filed a grievance; Young repeatedly failed to respond to Bar Counsel’s requests, did not participate meaningfully in the disciplinary proceeding (default entered), and the hearing judge’s factual findings were deemed admitted.
- The Court of Appeals, adopting the hearing judge’s conclusions, found multiple ethical violations and imposed disbarment, ordering Young to pay costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unauthorized practice of law (Rule 5.5) | Young solicited and practiced in Maryland while not admitted here, and misrepresented he was licensed in Maryland. | Young largely did not contest merits; late filings asserted health and personal hardships. | Court held Young violated Rule 5.5 and is subject to Maryland discipline. |
| Competence, diligence, communication (Rules 1.1, 1.3, 1.4, 1.2) | Young failed to advance the personal-injury case, investigate assets/coverage, timely inform client of Erie denial, and misled the client about case status. | No substantive defense; respondent did not present evidence at hearing. | Court found violations of Rules 1.1, 1.2(a), 1.3, 1.4(a)-(b). |
| Fee and trust-account rules (Rules 1.5, 1.15) | Young accepted fees for Maryland work and failed to hold client settlement funds in a trust account. | No effective rebuttal or evidence of trust-account use. | Court held violations of Rules 1.5(a) and 1.15(a). |
| Conflicts and settlement with client (Rule 1.8(a), 1.8(h), 1.16) | Young settled a malpractice claim with his client without advising in writing to seek independent counsel and continued representation despite conflict. | Young did not prove he advised client or withdrew when conflict arose. | Court found violations of Rules 1.8(a), 1.8(h), and 1.16(a). |
| Failure to cooperate with disciplinary process & dishonesty (Rules 8.1, 8.4) | Young repeatedly ignored Bar Counsel’s lawful requests, misrepresented facts to client, and engaged in deceit. | Late response raised mitigation (family death, surgery, depression) but did not rebut established facts. | Court found violations of Rules 8.1(b) and 8.4(a)-(d). |
| Sanction appropriateness | Petitioner recommended disbarment given multiple violations, pattern of misconduct, bad-faith obstruction, and mishandling funds. | Young offered belated mitigation (health, personal loss, bankruptcy). | Court rejected mitigation as insufficient and disbarred Young; assessed costs against him. |
Key Cases Cited
- Attorney Grievance Comm’n v. Ndi, 459 Md. 42 (2018) (out‑of‑state attorney subject to Maryland discipline for practicing here without admission)
- Attorney Grievance Comm’n v. Bah, 468 Md. 179 (2020) (Court’s original jurisdiction in attorney discipline and standards for competence/diligence)
- Attorney Grievance Comm’n v. Bleecker, 414 Md. 147 (2010) (attorney must withdraw and advise independent counsel when interests conflict)
- Attorney Grievance Comm’n v. Framm, 449 Md. 620 (2016) (disbarment warranted for concealment of critical facts and inadequate representation)
- Attorney Grievance Comm’n v. Jacobs, 459 Md. 291 (2018) (disbarment where experienced attorney concealed material facts and failed to respond to Bar Counsel)
- Attorney Grievance Comm’n v. Edwards, 462 Md. 642 (2019) (standards for Rule 1.1/1.3 violations and disciplinary review)
- Attorney Grievance Comm’n v. Steinberg, 395 Md. 337 (2006) (obligation to advise client to seek independent counsel before settling malpractice claims)
- Attorney Grievance Comm’n v. Mungin, 439 Md. 290 (2014) (requirement to maintain client funds in a trust account)