Attorney Grievance Comm'n of Md. v. Thomas
Decision Date | 20 November 2014 |
Docket Number | Misc. Docket AG No. 63, Sept. Term, 2013. |
Citation | 103 A.3d 629,440 Md. 523 |
Parties | ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Gayton Joseph THOMAS, Jr. |
Court | Court of Special Appeals of Maryland |
James N. Gaither, Asst. Bar Counsel (Glenn M. Grossman, Bar Counsel, Attorney Grievance Commission of Maryland), for petitioner.
No argument on behalf of Respondent.
Argued before: BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD, WATTS, JJ.
In this attorney disciplinary action, the Attorney Grievance Commission of Maryland (“Petitioner” or “the Commission”), acting through Bar Counsel, filed a Petition for Disciplinary or Remedial Action (“PDRA”) against Gayton Joseph Thomas, Jr., Esquire (“Respondent” or “Thomas”), charging him with violations of the Maryland Lawyers' Rules of Professional Conduct (“MLRPC”) arising out of his representation of Mohamed Abou Sarieh Hamed (“Hamed”). Respondent was charged with violating MLRPC 1.1 (Competence),1 1.3 (Diligence),2 1.4 (Communication),3 8.1(b) (Bar Admission and Disciplinary Matters),4 and 8.4(c) and (d) (Misconduct).5 The Commission served Thomas on 6 December 2013 with a copy of the PDRA, Writ of Summons, and Order for Hearing under Maryland Rule 16–752(a).6 For reasons that we hope shall become clear in comparatively short order, we set out here the averments of the PDRA:
(minor alterations added). Thomas did not file (timely or otherwise), under Maryland Rule 16–754, an Answer to the PDRA.
The case was assigned to a hearing judge in the Circuit Court for Baltimore County to conduct an evidentiary hearing and render findings of fact and recommended conclusions of law with regard to the charges. In view of there being no Answer to the PDRA, Petitioner filed a Motion for Order of Default. An order granting the motion was signed and an order entered. Thomas did not appear for the hearing. Hamed was the only witness called by Bar Counsel.7 In the hearing judge's opinion, the following factual findings were made:8
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