Attorney Grievance Comm'n of Maryland v. Ambe

• Decision Date: 22 February 2012
• Docket Number: 2011.,Misc. Docket AG No. 6,Sept. Term
• Citation: 425 Md. 98,38 A.3d 390
• Parties: ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Jude AMBE.
• Court: Maryland Court of Appeals

38 A.3d 390

425 Md. 98

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND

v.Jude AMBE.

Misc. Docket AG No. 6

Sept. Term

2011.

Court of Appeals of Maryland.

Feb. 22, 2012.

Dolores O. Ridgell, Asst. Bar Counsel (Glenn M. Grossman, Bar Counsel, Attorney Grievance Commission of Maryland), for petitioner.

Herbert Alan Dubin, Esq., Rockville, MD, for respondent.

Argued before BELL, C.J., HARRELL, GREENE, ADKINS, BARBERA, ALAN M. WILNER (Retired, specially assigned) and DALE R. CATHELL (Retired, specially assigned), JJ.

DALE R. CATHELL (Retired, specially assigned), J.

On March 17, 2011, the Attorney Grievance Commission of Maryland (the Commission) filed a Petition for Disciplinary or Remedial Action in which it asserted that Jude Ambe, Respondent, violated Maryland Rules of Professional Conduct 5.5, 7.1, 8.1,¹ and 8.4.^{2, 3} The Petition included the following assertions:

1. The Respondent was admitted to practice in the State of New York on or about 2009.

2. Respondent is not now, and has never been, a member of the Bar of the Court of Appeals of Maryland.

3. During times relevant to this matter, Respondent maintained an office for the practice of law in Montgomery County, Maryland.

* * *

5. On or about November 9, 2009,⁴ Respondent sent a letter to State Farm Insurance on behalf of a client in a personal injury matter. This letter included a misrepresentation⁵ that Respondent was authorized to practice law in the State of Maryland.

6. On or about December 30, 2009 the Respondent sent a letter to Allstate Insurance on behalf of a client in a personal injury matter. This letter included a misrepresentation that Respondent was authorized to practice law in the State of Maryland.

7. On or about April 19, 2010, Respondent sent a letter to State Farm Insurance on behalf of a client in a personal injury matter. This letter contained a misrepresentation that Respondent was authorized to practice law in the State of Maryland.

8. On or about May 6, 2010, Respondent sent a letter to State Farm Insurance on behalf of a client in a personal injury matter. This letter contained a misrepresentation that Respondent was authorized to practice law in the State of Maryland.

9. During times relevant to this matter, Respondent was engaged in the unauthorized practice of law in Maryland.

10. During times relevant to this matter, Respondent made false and misleading communications about himself and/or his services.

11. On or about March 23, 2010, Respondent falsely represented to Bar Counsel that he would use letterhead that reflected that he was not admitted to practice law in Maryland and that his practice was limited to immigration matters.

12. On or about August 3, 2010, Respondent was sent a letter by Bar Counsel. This letter included a lawful demand for information. Respondent failed to Respond to Bar Counsel's request for information.

On March 18, 2011, this Court “ordered ... that the charges against Respondent be heard and determined by Judge Steven G. Salant [the hearing judge] of the Sixth Judicial Circuit in accordance with Maryland Rule 16–757 [.]” Judge Salant held an evidentiary hearing on September 15, 2011. After the conclusion of the proceedings below, Judge Salant filed the following findings of fact and proposed conclusions of law:

Background

The Respondent, Jude Ambe, received a LLM degree from the American University School of Law in 2008. Respondent was not eligible to take the Maryland Bar Exam in 2009 because he does not have a JD degree. Instead, Respondent took the New York Bar Exam, passed, and was admitted to practice in the State of New York in February 2009. Respondent is not, and has never been, a member of the Bar of the Court of Appeals of Maryland.

Since his admission to the New York Bar, Respondent has maintained a law office at 8121 Georgia Avenue, Silver Spring, Montgomery County, Maryland. According to Respondent, the office is maintained solely for the practice of immigration law. Respondent does not maintain a law office in New York or any other jurisdiction. Respondent's wife occasionally practices as part of Respondent's firm. She, like Respondent, is admitted to the New York Bar and practices immigration law. No other lawyers practice as part of his firm. Prior to March 2010, Respondent used letterhead for his practice which read:

THE LAW OFFICES OF AMBE & ASSOCIATES(ATTORNEY'S & COUNSELORS–AT–LAW) 8121 GEORGIA AVENUE, SUITE 340 SILVER SPRING, MD 20910 TEL: 301–326–2723 FAX: 301–326–2739

Bar Counsel received a complaint, separate from the present matter, against Respondent in December 2009. In response to Bar Counsel's request for a written response, Respondent sent a comprehensive letter to Bar Counsel addressing the complaint, dated January 1, 2010. The response was not on Respondent's letterhead and was written in a memorandum type format.

On February 23, 2010, Bar Counsel wrote to Respondent and, among other things, stated that: “since you are not a member of the Maryland Bar, if your practice is limited only to immigration matters then your letterhead and any signs must indicate that you are a member of the New York Bar, specifically state that you are not a member of the Maryland Bar, and that your practice is limited only to federal immigration matters. Therefore it may be that you are holding yourself out as able to practice law in Maryland without restrictions, and therefore, it may be necessary to investigate whether you have been engaged in the unauthorized practice of law, and seek an injunction.” Bar Counsel also asked Respondent to respond further.

On March 3, 2010, Respondent wrote back to Bar Counsel, again in the form of a memorandum. In his correspondence Respondent assured Bar Counsel that he was aware of the restrictions on his practice and that his practice was limited to immigration matters. Like his earlier response, Respondent's March 3rd correspondence was not on letterhead.

On March 11, 2010, Bar Counsel requested a copy of Respondent's letterhead. Respondent complied, sending a copy of his letterhead, which Bar Counsel received on March 16, 2010. Respondent's second letterhead read:

THE LAW OFFICES OF AMBE & ASSOCIATES (ATTORNEY'S & COUNSELORS–AT–LAW)—ADMITTED IN NEW YORK. (PRACTICE OUTSIDE THE STATE OF NEW YORK IS LIMITED TO IMMIGRATION MATTERS ONLY). 8121 GEORGIA AVENUE, SUITE 340 SILVER SPRING, MD 20910 TEL: 301–326–2723 FAX: 301–326–2739

On March 18, 2010, Bar Counsel wrote to Respondent indicating that respondent's letterhead must “specifically state ‘not admitted in Maryland.’ ” Again, Respondent complied, sending an updated version of his letterhead, which Bar Counsel received on March 23, 2010. The third letterhead added the text “not admitted in Maryland” per Bar Counsel's request. Bar Counsel closed the original complaint against Respondent on May 3, 2010.

In June 2010, State Farm Insurance contacted Bar Counsel about the Respondent and provided copies of a number of documents received from and sent to Respondent. These documents related to claims received by State Farm from three claimants identified as: Susan Ngwese, Celestine Ngwa, and Brigitte Nsanguet (also referred to as Brigitte Edimo). State Farm had received correspondence on the original Ambe & Associates letterhead sent in furtherance of claims for these individuals. Later, Bar Counsel received documents from Allstate Insurance pertaining to another claimant, Daisy Epie (also referred to as Dessy–Liza Epie). These documents included a letter of representation on the original Ambe & Associates letterhead on behalf of Daisy Epie.

Nsangueti/Edimo

State Farm received a letter dated November 9, 2009 on the original Ambe & Associates letterhead concerning “client” Brigitte Nsanguet and requesting that an initial settlement offer be sent to the Respondent. The letter informed State Farm that the client had completed treatment in connection with her claim and that copies of all medical bills, treatment notes, and lost wage verification were being submitted so that the claim could be evaluated. This letter was written on Respondent's original letterhead that did not include language disclosing the restrictions on Respondent's practice. During trial, Respondent acknowledged that he knew this letter was sent and authorized his non-lawyer assistant to send the letter.

State Farm issued a check for $3,222.22 payable to “Brigitte N. Edimo & Jude Ambe, her attorney” dated January 25, 2010. Respondent's office address appeared on the check and Respondent acknowledged that he received the check, that Nsanguet/Edimo endorsed the check, and that he then endorsed the check. Respondent deposited the check to either his personal or operating account, kept $1,000 and returned the remainder to Nsanguet/Edimo. During the trial, Respondent indicated that the $1,000 was owed to him for representing the client and the client's family in an immigration matter and that the client owed him more money even after that payment.

Ngwese and Ngwa

State Farm received a demand letter dated April 19, 2010 on the original Ambe & Associates letterhead concerning injuries to Susan Ngwese. Shortly thereafter, State Farm received a demand letter dated May 6, 2010 on the original Ambe & Associates letterhead concerning injuries to Celestin Ngwa. Finally, State Farm received two letters dated June 17, 2010 on the original Ambe & Associates letterhead indicating that Ambe & Associates no longer represented Susan Ngwese or Celestin Ngwa. None of the letters sent to State Farm on Ambe & Associates letterhead contained the language noting practice limitations, stating “admitted in New York,” or stating “not admitted in Maryland.”

Epie

Allstate Insurance received a demand letter dated December 30, 2009 on the original Ambe & Associates letterhead concerning “our client” Daisy Epie. The letter confirmed that “we [Respondent's firm] are counsels” for the claimant and indicated that, if further information was desired the...