Attorney Grievance Comm'n of Md. v. Page

• Decision Date: 05 March 2013
• Docket Number: Sept. Term, 2011.,Misc. Docket AG No. 70
• Citation: 62 A.3d 163,430 Md. 602
• Parties: ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Alfred Amos PAGE, Jr.
• Court: Maryland Court of Appeals

430 Md. 602

62 A.3d 163

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND

v.Alfred Amos PAGE, Jr.

Misc. Docket AG No. 70, Sept. Term, 2011.

Court of Appeals of Maryland.

March 5, 2013.

Lydia F. Lawless, Assistant Bar Counsel, (Glenn M. Grossman, Bar Counsel, Attorney Grievance Commission, Maryland), for Petitioner.

Melvin Bergman, Esq., Greenbelt, Maryland, for Respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and McDONALD, JJ.

GREENE, J.

The Attorney Grievance Commission of Maryland (“Petitioner”), acting pursuant to Maryland Rule 16–751(a), filed a “Petition For Disciplinary Or Remedial Action” against Alfred Amos Page, Jr. (“Respondent” or “Page”), on January 20, 2012, and an “Amended Petition For Disciplinary Or Remedial Action,” on April 4, 2012. Initially, Petitioner charged Respondent, stemming from his representation of Pamela Jackson (“Ms.Jackson”), with violating various Maryland Lawyers' Rules of Professional Conduct (“MLRPC” ¹ or “Rule”), including Rule 1.1 (Competence) ²; Rule 1.3 (Diligence) ³; Rule 1.4(a) and (b) (Communication) ⁴; Rule 1.15(a) and (c) (SafekeepingProperty) ⁵; Rule 1.16(a) and (d) (Declining or Terminating Representation) ⁶; Rule 5.5(a) and (b) (Unauthorized Practice of Law; Multijurisdictional Practice of Law) ⁷; and Rule 8.4(a), (c) and (d) (Misconduct) ⁸. In the amended petition, Bar Counsel charges Respondent made false representations in his “Petition for Reinstatement” to this Court and violated Rule 3.3(a)(1) (Candor Toward the Tribunal) ⁹; RULE 8.1(A) (bar admission and disCipLInary matters) ¹⁰; and Rule 8.4(a), (c), and (d) (Misconduct). This Court referred the matter to Judge Katherine D. Savage of the Circuit Court for Montgomery County for a hearing to determine findings of fact and conclusions of law pursuant to Maryland Rule 16–757 (Judicial Hearing).

On May 16, 2012, Judge Savage conducted an evidentiary hearing, during which Respondent was represented by counsel, and thereafter, the hearing judge issued Findings of Fact and Conclusions of Law, in which she found, by clear and convincing evidence, that Respondent's acts and omissions constituted violations of MLRPC 1.1; 1.3; 1.4(a) and (b); 1.15(a) and (c); 1.16(a) and (d); 5.5(a), (b)(1) and (b)(2); 3.3(a)(1); 8.1(a); and 8.4(a), (c) and (d). In so doing, Judge Savage made the following findings of fact regarding Respondent's background, representation of Ms. Jackson and the filing of Respondent's “Petition for Reinstatement” to this Court:

Findings of Fact

Respondent was admitted to the Maryland Bar on June [430 Md. 609]24, 1998. ¹Mr. Page holds an Undergraduate degree in accounting from Towson University, a Master's degree in finance from the University of Baltimore and a Juris Doctor degree from the University of Maryland. Respondent is also a Certified Public Accountant and has taught accounting and paralegal studies at Montgomery College since 1988.²

At trial, Petitioner offered the testimony of Respondent and Ms. Jackson. Petitioner's documentary exhibits were admitted without objection. Respondent testified in his defense and also offered documentary exhibits.

The Jackson Complaint

On May 25, 2006, Respondent entered into a retainer agreement with Ms. Jackson for the purpose of representing her in a dispute over alleged defects in the construction of Ms. Jackson's new home. Ms. Jackson agreed to pay Respondent $5,000 as an “initial fee” with the proviso that an additional fee may be required to meet unforeseen circumstances [citations omitted here and throughout]. Respondent testified that, at the time the agreement was executed, he knew that the claim between Ms. Jackson and the builder was contested. The retainer agreement further provided that “no hourly billings will be kept nor shall be expected.” Mr. Page did not keep time records regarding his work on Ms. Jackson's case.

Ms. Jackson made an initial payment to Mr. Page of $2,500, which Respondent deposited into his attorney trust account on June 12, 2006. The funds were subsequently removed from the trust account. Mr. Page presented no credible evidence that the funds were earned at the time they were removed from the trust account.

Less clear is what happened to the second payment of $2,500 Ms. Jackson made to Respondent on March 12, 2007 by check number 7858805. When questioned by Petitioner's counsel, Respondent testified that the signature endorsing check number 7858805 was his. When questioned by his own counsel, Respondent testified that he had no recollection of receiving check number 7858805 and that he had no idea who owned the account into which the check was deposited. In response to the Court's question as to whether or not the signature was his, Respondent testified, “Your Honor, I've got a crazy signature. I have to say that it looks, when I'm writing fast, it could very well be, but as to the signature on it, it appears to be, it looks like my signature. It appears to be my signature.” Mr. Page later changed his testimony to state that the signature was not his. Respondent also testified that he frequently endorsed checks with a stamp and not a handwritten signature.

On balance, and after weighing the credibility of both Mr. Page and Ms. Jackson, the Court accepts Ms. Jackson's testimony. Her memory of events was cogent, clear and internally consistent. Mr. Page, on the other hand, appeared confused as to some events, forgetful of others, and evidenced an overall lack of clarity in recalling basic facts about this matter.

The Court therefore finds that Respondent both received and endorsed check number 7858805, and caused the check to be deposited in a non-trust account held at Wachovia Bank. Respondent presented no evidence that the funds from either payment were maintained in trust until earned. By his own admission, Respondent agreed that he did not maintain a client ledger, time records or any other documentation relating to the receipt, maintenance or disbursements of funds received from Ms. Jackson.

From May 25, 2006 through December 7, 2006, Ms. Jackson forwarded all relevant documents relating to her claim to Respondent. Despite Ms. Jackson's repeated requests to move her case along, Respondent continually delayed. Respondent would tell Ms. Jackson that he was working on her case, that he was going out of town or that he was waiting for the resolution of the case filed by the county in the District Court for Prince George's County related to building permit violations. Mr. Page claims that during this time he was accumulating evidence on Ms. Jackson's behalf and meeting with Prince George's County building inspectors to evaluate their potential usefulness as witnesses in the lawsuit he was preparing to file. Respondent informed Ms. Jackson that her complaint would be filed before the end of the year, 2006.

The Court notes that the resolution of the Prince George's County case was not necessary to Ms. Jackson's case because it did not involve work that was the subject of her complaint against the builder. Despite arguing that he was accumulating evidence on Ms. Jackson's behalf between May 2006 and the time of filing, Respondent presented no billing records or communications to demonstrate his work on the case. On February 23, 2007, nearly nine months after being retained, Respondent filed a complaint on behalf of Ms. Jackson in the Circuit Court for Prince George's County. The complaint contained six counts: breach of contract, negligence, breach of implied warranty of good and workmanlike construction, fraudulent misrepresentation, negligent misrepresentation and intentional infliction of emotional distress.

Respondent testified that at the time the complaint was filed, he did not know that an expert witness would be required to establish the standard of care, breach or causation. Ms. Jackson made requests for a copy of the complaint by voicemail and e-mail. Respondent never provided Ms. Jackson with a copy of the complaint. She eventually went to the courthouse and purchased a copy from the clerk.

The Defendants were served on April 11 and 18, 2007. On May 16, 2007, Respondent filed a premature Motion for Default alleging that all Defendants were served on April 11, 2007. On May 17, 2007, the Defendants filed an Answer denying all material facts and any liability and asserting a number of affirmative defenses. Respondent received the Defendants' Answer, but at the instant hearing could not recall whether he had reviewed it. The trial court denied the Motion for Default.

Beginning in or before July 2007, Respondent made multiple representations to Ms. Jackson that he would prepare and file a motion for summary judgment. He initially represented that a motion would be filed on or before October 18, 2007. Mr. Page eventually filed the motion in March 2008.

In October 2007, Respondent began employment with the Internal Revenue Service (“IRS”). IRS policy prohibited Respondent from maintaining a private practice or representing any client without first obtaining approval from the IRS. Both Mr. Page and Ms. Jackson, who had previously been employed by the IRS, testified that they were both aware of the IRS policy. Mr. Page testified that he reported his active cases to his IRS manager, as required, and that he received permission to wrap-up matters with several clients. Mr. Page agrees with Petitioner that he never received clearance to continue work on Ms. Jackson's case.

On October 23, 24, 25 and November 27, and 29, 2007, Ms. Jackson attempted to contact Respondent for updates on her case. Respondent did not respond to any of her requests for information. On December 4, 2007, Ms. Jackson was finally able to contact Respondent and Respondent assured her that the motion would be filed before Christmas. On December 18 and 19, 2007, Ms. Jackson left messages for Respondent to call her. Respondent did not return the messages.

On January 7, 2008, while Ms. Jackson's case was still pending,...