Attorney Grievance Comm'n of Md. v. Maldonado

• Citation: 463 Md. 11,203 A.3d 841
• Decision Date: 06 March 2019
• Docket Number: Misc. Docket AG No. 11, Sept. Term, 2017
• Parties: ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Melinda MALDONADO
• Court: Court of Special Appeals of Maryland

463 Md. 11
203 A.3d 841

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND
v.
Melinda MALDONADO

Misc. Docket AG No. 11, Sept. Term, 2017

Court of Appeals of Maryland.

March 6, 2019

Argued by Lydia E. Lawless, Bar Counsel, Attorney Grievance Commission of Maryland, for Petitioner.

Argued by Melinda Maldonado (Austia, TX), for Respondent.

Argued before: Barbera, C.J., Greene, McDonald, Watts, Hotten, Getty and Sally D. Adkins (Senior Judge, Specially Assigned), JJ.

Getty, J.

463 Md. 22

This attorney discipline case involves conduct of an out-of-state attorney during her representation of a Maryland resident in a toxic mold case. While representing her client, the attorney called her client's doctor, held herself out as a medical doctor, and sought the alteration of her client's medical records. When the attorney was unable to reach the doctor, the attorney repeatedly called the doctor's office over the course of two days and eventually made unprofessional comments about the doctor. Furthermore, while only barred in the District of Columbia, and without a pro hac vice sponsor, the attorney drafted and filed various pleadings on behalf of her client before Maryland courts. Finally, this attorney failed to obtain the trial transcripts required for her client's appeal in the Maryland Court of Special Appeals which resulted in the dismissal of that appeal. For the reasons explained below, we hold that this attorney's conduct merits disbarment.

463 Md. 23

BACKGROUND

Procedural Context

On May 23, 2017, the Attorney Grievance Commission of Maryland, acting through Bar Counsel filed a Petition for Disciplinary or Remedial Action ("Petition") with the Court of Appeals alleging that Melinda Maldonado ("Ms. Maldonado") had violated the Maryland Lawyers' Rules of Professional Conduct ("MLRPC" or "Rules").¹ See Md. Rule 19-721. Although not admitted to practice in Maryland, Ms. Maldonado is subject to the disciplinary authority of Maryland pursuant to Rule 8.5(a)(2). The Petition alleged that Ms. Maldonado, during her representation of Gladys Duren ("Ms. Duren"), violated the following Rules: 1.1 (Competence); 4.1 (Truthfulness in Statements to Others); 4.4 (Respect for Rights of Third Persons); 5.5 (Unauthorized Practice of Law; Multijurisdictional Practice of Law); 8.1 (Bar Admission

203 A.3d 848

and Disciplinary Matters); and 8.4 (Misconduct).²

We designated Judge Deborah L. Dwyer ("the hearing judge") of the Circuit Court for Montgomery County by Order dated June 1, 2017 to conduct a hearing concerning the alleged violations and to provide findings of fact and recommended conclusions of law. See Md. Rule 19-722(a). The Clerk of the Circuit Court for Montgomery County ("Clerk") issued a summons to be served upon Ms. Maldonado, and on June 19, 2017, Bar Counsel emailed the petition, transmittal order, and summons to Ms. Maldonado and asked if she would consent to electronic service of process. Ms. Maldonado never responded.

463 Md. 24

Bar Counsel retained a process server to serve Ms. Maldonado. The process server was unsuccessful. As a result, the Clerk reissued the summons. Bar Counsel again emailed the petition, transmittal order, and summons on August 29, 2017 to Ms. Maldonado to request electronic service of process. Ms. Maldonado responded to Bar Counsel's request two days later and stated that she refused to accept electronic service of process. The process server also attempted service upon Ms. Maldonado again in person and failed.

As a result of these interactions, Bar Counsel filed a Motion to Permit Service Upon Employee Designated by the Client Protection Fund of the Bar of Maryland pursuant to Maryland Rule 19-723(b). Bar Counsel was successful in serving the Executive Director of the Client Protection Fund of the Bar of Maryland.

Ms. Maldonado failed to file a timely answer, causing Bar Counsel to file a request for an order of default. Eventually, Ms. Maldonado retained Joseph A. Rillotta, Esquire and Margaret E. Matavich, Esquire who filed an opposition to the motion for order of default. In response, Bar Counsel consented to an extension of time for Ms. Maldonado to file an answer. Ms. Maldonado filed her answer on December 19, 2017, and Bar Counsel withdrew its motion.

The hearing judge issued a scheduling order setting forth deadlines to propound and to complete discovery. Bar Counsel promptly served discovery within the times set forth in the scheduling order. During this time, Ms. Maldonado sought to continue the discovery deadlines because she wished to proceed with new counsel. Bar Counsel opposed any continuation of this matter noting that Ms. Maldonado had already delayed the proceeding by evading service of process and failing to file a timely answer. Ms. Maldonado's motion was ultimately denied.

Mr. Rillotta and Ms. Matavich filed a Motion to Withdraw as Counsel pursuant to Maryland Rule 2-132(b). Mark G. Chalpin, Esquire entered his appearance on behalf of Ms. Maldonado. A few weeks later, Mr. Chalpin moved to withdraw

463 Md. 25

his appearance due to "irreconcilable differences" with Ms. Maldonado. Ms. Maldonado, now proceeding pro se , filed a Motion to Reconsider the Court's Order regarding the scheduling order. This motion was also denied.

On March 22, 2018, Bar Counsel filed a Motion for Sanctions based on Ms. Maldonado's failure to provide responses to Bar Counsel's Interrogatories, Requests for Production of Documents, and Requests for Admissions of Fact and Genuineness of Documents. Ms. Maldonado, now represented by William C. Brennan, Esquire, and Nicolas G. Madiou, Esquire, filed an Opposition to Petitioner's Motion for Sanctions. Ms. Maldonado stated that her failure to timely answer discovery was due to

203 A.3d 849

illness and issues stemming from changes in representation. The hearing judge held the motion sub curia to give the parties additional time to resolve their discovery dispute. On April 1, Ms. Maldonado provided Answers to Petitioner's Interrogatories; on April 10, she provided responses to Bar Counsel's Requests for Admissions of Fact and Genuineness of Law; and on April 20, Ms. Maldonado provided a partial response to Bar Counsel's Request for Production of Documents. As a result of her incomplete discovery responses, the hearing judge granted in part and denied in part Bar Counsel's Motion for Sanctions. The hearing judge precluded Ms. Maldonado from introducing any documents at trial which were not produced to Bar Counsel during discovery.

The evidentiary hearing took place over the course of two days on April 30 and May 1. At the evidentiary hearing, Bar Counsel and Ms. Maldonado presented evidence and several witnesses testified. The hearing judge submitted her findings of fact and conclusions of law by a written opinion to this Court. In her recommended conclusions of law, the hearing judge found by clear and convincing evidence that Ms. Maldonado violated Rule 1.1, Rule 4.1, Rule 4.4, Rule 5.5, and Rule 8.4 (a), (c), and (d).

On August 7, 2018, Ms. Maldonado filed a motion in this Court titled as follows:

463 Md. 26

Respondent's Motion to Dismiss this Prolonged (Almost Three Years) Unethical and Immoral Defamation, Harassment & Interference with Underlying Toxic Mold Litigation by Petitioner, Attorney Grievance Commission (AGC) of Maryland. Alternatively, Respondent Motion for a Rehearing due to Egregious, Ineffective Assistance of Counsel by William C. Brennan & Nicholas Madiou & Due to Bias of Judge Debra Dwyer, Motions for a Change of Venue to Anne Arundel County, Judge Ronald Silkworth (due to County of Original Jurisdiction of Underlying Toxic Mold Case, Judge Silkworth's Familiarity w/Issue of Petitioner's, AGC's, Pattern & Practice of Defaming & Harassing Respondents while Aiding & Abetting Defense Law Firms Representing Real Estate Companies who File Grievances Against Opposing, Plaintiffs' Counsel (Respondents) to Disrupt Underlying Litigation all in the Name of Money.

("First Motion"). Two days later, Ms. Maldonado filed a second motion entitled:

Pending this Honorable Court's Review of Respondent's Definitive Submissions on 8-7-18: Motion to Dismiss, and, Alternatively, Request for a Rehearing due to Ineffective Assistance of Counsel & Biased/Legal Errors/Incorrect Findings of Facts Based on False Hearsay by Judge Dwyer; Motion for Change of Venue to Anne Arundel County Before Judge Ronald Silkworth Given Original Jurisdiction of Underlying Toxic Mold Case and Judge Silkworth's Experience with AGC-Respondent Hereby Inherently Submits this Motion to Extend Time to File Exceptions Document & Opposition to Motion for Sanctions & Will be Submitting in Turn Respondent's Motion for Sanctions Against the AGC/Bar Counsel & a Supplement to Motion to Dismiss.

("Second Motion"). As to her First Motion, this Court ordered action deferred pending oral argument. This Court...