Attorney Grievance Comm'n of Md. v. Gray
| Decision Date | 24 January 2014 |
| Docket Number | Misc. Docket AG No. 52 |
| Parties | ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. MELISSA DONNELLE GRAY |
| Court | Court of Special Appeals of Maryland |
Attorney Grievance Commission of Maryland v. Melissa Donnelle Gray, Misc. Docket AG No. 52, September Term, 2012
ATTORNEY DISCIPLINE - SANCTIONS - INDEFINITE SUSPENSION - Court of Appeals indefinitely suspended from the practice of law in Maryland lawyer who had been reprimanded and suspended for sixty days, and who failed to: (1) respond to discovery requests or timely propound discovery requests on behalf of client; (2) timely submit proposed judgment in compliance with court order; and (3) respond to Bar Counsel's inquiries concerning representation of client. Such conduct violated Maryland Lawyers' Rules of Professional Conduct 1.1 (Competence), 1.3 (Diligence), 3.2 (Expediting Litigation), and 8.1(b) ().
Harrell
Greene
Adkins
McDonald
Watts
Cathell, Dale R. (Retired.
Opinion by Watts, J.
This attorney discipline proceeding concerns a Maryland lawyer who failed to: (1) respond to discovery requests or timely propound discovery requests on behalf of her client; (2) timely submit a proposed judgment in compliance with a court order; and (3) respond to Bar Counsel's inquiries concerning her representation of a client.
Melissa Donnelle Gray ("Gray"), Respondent, a member of the Bar of Maryland, was retained by Carmen Bustamante ("Ms. Bustamante") in connection with a divorce case. Ms. Bustamante filed a complaint against Gray with the Attorney Grievance Commission of Maryland ("the Commission"), Petitioner.
On October 23, 2012, in this Court, Bar Counsel filed a "Petition for Disciplinary or Remedial Action" against Gray, charging her with violating Maryland Lawyers' Rules of Professional Conduct ("MLRPC") 1.1 (Competence), 1.3 (Diligence), 3.2 (Expediting Litigation), and 8.1(b) (). On October 24, 2012, we referred this attorney discipline proceeding to the Honorable Susan Souder ("the hearing judge") of the Circuit Court for Baltimore County ("the circuit court"). On May 6, 2013, the hearing judge conducted a hearing. On June 20, 2013, the hearing judge filed in this Court findings of fact and conclusions of law, concluding that Gray violated MLRPC 1.1, 1.3, 3.2, and 8.1(b).1
On January 14, 2014, we heard oral argument.2 For the below reasons, we indefinitely suspend Gray from the practice of law in Maryland.
In her opinion, the hearing judge found the following facts, which we summarize.3 On June 14, 1998, this Court admitted Gray to the Bar of Maryland. At the time of her alleged misconduct, Gray maintained an office for the practice of law in Towson, Maryland.
In November 2010, Ms. Bustamante retained Gray to represent her in connection with her divorce. On January 20, 2011, on behalf of Ms. Bustamante, Gray filed in the circuit court a Complaint for Limited Divorce against Mr. Bustamante.
In a scheduling order issued in the divorce case, the circuit court ordered that discovery be completed by July 25, 2011. In March 2011, Mr. Bustamante's counsel sent Interrogatories and a Request for Production of Documents to Gray. Gray failed to respond to the Interrogatories or Request for Production of Documents. On June 30, 2011, Mr. Bustamante's counsel filed a Motion to Compel Discovery. Gray failed to respond to the motion or to otherwise prepare written responses to the Interrogatories andRequest for Production of Documents. On December 9, 2011, over four months after the deadline for completion of discovery, Gray sent discovery requests to Mr. Bustamante's counsel. And, despite Ms. Bustamante's claims that Mr. Bustamante had been misusing and concealing assets, Gray failed to obtain Mr. Bustamante's testimony under oath in response to interrogatories before the scheduled trial date.
On February 6, 2012, the parties reached a settlement, which was placed on the record in the circuit court, and the circuit court ordered the parties to submit a proposed Judgment of Absolute Divorce within ten days. Gray agreed to prepare the proposed judgment. Although Gray testified before the hearing judge in the present case that she sent a proposed judgment to Mr. Bustamante's counsel via e-mail, Gray failed to corroborate that claim by producing a copy of that e-mail or other documentation indicating that she complied with the circuit court's order that a proposed judgment be submitted within ten days. In a letter dated February 22, 2012, the law clerk for the circuit court judge assigned to the divorce action reminded Gray that the proposed judgment was due. On April 11, 2012, no response having been received, the circuit court ordered counsel for both parties to appear in chambers on April 30, 2012, with a proposed judgment. On May 4, 2012, a Judgment of Absolute Divorce was entered.
In a letter dated April 4, 2012, the Commission notified Gray of Ms. Bustamante's complaint and requested a written response to the allegations in the complaint within ten days. In a letter dated April 30, 2012, the Commission again notified Gray of the complaint. Gray failed to respond to either letter.
Neither party excepts to any of the hearing judge's findings of fact; thus, we "treat the findings of fact as established[.]" Md. R. 16-759(b)(2)(A). We review without deference the hearing judge's conclusions of law. See Md. R. 16-759(b)(1) ().
Neither party excepts to any of the hearing judge's conclusions of law. For the below reasons, we uphold all of the hearing judge's conclusions of law.
MLRPC 1.1. Attorney Grievance Comm'n v. McCulloch, 404 Md. 388, 397-98, 946 A.2d 1009, 1015 (2008) (quoting Attorney Grievance Comm'n v. Guida, 391 Md. 33. 54. 891 A.2d 1085, 1097 (2006)). "MLRPC 1.1 is violated when an attorney fails to act or acts in an untimely manner, resulting in harm to his or her client." Attorney Grievance Comm'n v. Garrett, 427 Md. 209, 222, 46 A.3d 1169, 1177 (2012) (citations and internal quotation marks omitted).
"A lawyer shall act with reasonable diligence and promptness in representing a client." MLRPC 1.3. "An attorney violates [MLRPC 1.3] when he/she takes no action whatsoever in representing his/her client." Attorney Grievance Comm'n v. Shakir, 427 Md. 197, 205, 46 A.3d 1162, 1167 (2012) (citation omitted). For example, where an attorney "fail[s] to pursue [a] claim after filing [a] complaint," the attorney "demonstrat[es] incompetence and insufficient diligence in the matter, in violation of M[L]RPC 1.1 and 1.3 respectively." Attorney Grievance Comm'n v. Patterson, 421 Md. 708, 737, 28 A.3d 1196, 1213 (2011).
Here, clear and convincing evidence supports the hearing judge's conclusion that Gray violated MLRPC 1.1 and 1.3. After filing the complaint for limited divorce on behalf of Ms. Bustamante. Gray not only failed to take appropriate and timely action to pursue her client's claim, but she also failed to act diligently in representing Ms. Bustamante. Despite Ms. Bustamante's allegations that Mr. Bustamante was misusing and concealing assets, Gray failed to inquire into or to obtain Mr. Bustamante's testimony under oath on the matter, either in a deposition or in response to properly propounded interrogatories. Indeed, Gray failed to timely propound any discovery requests at all on behalf of Ms. Bustamante, sending her first set of discovery requests to Mr. Bustamante's counsel over four months after the deadline for completion of discovery had passed. Moreover, Gray failed to respond to discovery requests propounded by Mr. Bustamante's counsel, including Interrogatories and a Request for Production, and failed to respond when Mr. Bustamante's counsel filed a Motion toCompel responses to the discovery requests. In short, Gray failed to respond whatsoever to any discovery request served by Mr. Bustamante's counsel.
"A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client." MLRPC 3.2. "An attorney violates [MLRPC 3.2] by delaying to take fundamental litigation steps in pursuit of the client's interest." Garrett, 427 Md. at 226, 46 A.3d at 1179 (citations omitted). For example, "an attorney who fails to comply with discovery requests, and attempts to mitigate his or her shortcomings with 'cryptic excuses,' violates MLRPC 3.2." Attorney Grievance Comm'n v. Brown, 426 Md. 298. 322-23, 44 A.3d 344, 359 (2012) (citation omitted).
Here, clear and convincing evidence supports the hearing judge's conclusion that Gray violated MLRPC 3.2. As discussed above, Gray utterly failed to comply with discovery requests and to respond to a motion to compel responses to the discovery requests. Gray also delayed in taking necessary and required steps on behalf of Ms. Bustamante, vividly demonstrated by her failure to timely submit a proposed Judgment of Absolute Divorce. Although Gray agreed to prepare the proposed judgment by February 16, 2012, as ordered by the circuit court, and even though the circuit court judge's law...
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