Attorney Grievance Comm'n of Md. v. Ucheomumu

• Decision Date: 16 November 2018
• Docket Number: Misc. AG No. 58, Sept. Term, 2016
• Parties: ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Andrew Ndubisi UCHEOMUMU
• Court: Court of Special Appeals of Maryland

462 Md. 280

200 A.3d 282

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND

v.Andrew Ndubisi UCHEOMUMU

Misc. AG No. 58, Sept. Term, 2016

Court of Appeals of Maryland.

November 16, 2018

Reconsideration Denied December 12, 2018

Second Motion for Reconsideration Denied January 18, 2019

Argued by: Jennifer L. Thompson, Assistant Bar Counsel (Lydia E. Lawless, Bar Counsel, Attorney Grievance Commission of Maryland), for Petitioner.

Argued by: Jason Edward Rheinstein, Esquire (Severna Park, MD), for Respondent.

Argued Before: Barbera, C.J., Greene,^* Adkins, McDonald, Watts, Hotten, Getty, JJ.

Watts, J.

This attorney discipline proceeding involves a lawyer who, among other misconduct, caused an appeal in his client's case to be dismissed and lied to his client, Bar Counsel, and the Court of Special Appeals in an attempt to deflect the blame for the appeal's dismissal.

Shannan Martin retained Andrew Ndubisi Ucheomumu, Respondent, a member of the Bar of Maryland, to represent her in an appeal. For an appeal to proceed, transcripts of relevant proceedings in the trial court need to be ordered by a certain deadline. In this case, after the deadline passed, Ucheomumu requested from Martin money to cover the cost of obtaining transcripts, and she paid him $3,000. Ucheomumu, however, never ordered the transcripts or advised Martin to do so. The Court of Special Appeals issued an order directing Martin to show cause why the appeal should not be dismissed for failure to file the transcripts. Ucheomumu filed a motion for extension of time to file the transcripts in which he falsely stated that one of the reasons why there had been a delay in filing the transcripts was that Martin's previous counsel had not provided him with them.

Martin terminated Ucheomumu's representation. Although Ucheomumu had not earned the total of $6,200 that Martin had paid him, he did not refund the $6,200. Additionally, after the Court of Special Appeals denied the motion for extension of time and dismissed the appeal, Ucheomumu falsely advised Martin that she was responsible for the appeal's dismissal. Martin filed a complaint against Ucheomumu with Bar Counsel. In his response to Martin's complaint, Ucheomumu falsely stated that he had advised Martin to order the transcripts, that she had never paid him so that he could order the transcripts, and that the Court of Special Appeals had dismissed the appeal because Martin had failed to order the transcripts.

On November 18, 2016, on behalf of the Attorney Grievance Commission, Petitioner, Bar Counsel filed in this Court a "Petition for Disciplinary or Remedial Action" against Ucheomumu, charging him with violating Maryland Lawyers' Rules of Professional Conduct ("MLRPC")¹ 1.1 (Competence), 1.2(a) (Allocation of Authority Between Client and Lawyer), 1.3 (Diligence), 1.4 (Communication), 1.5(a) (Reasonable Fees), 1.5(b) (Communication of Fees), 1.8(a), 1.8(h) (Conflict of Interest; Current Clients; Specific Rules), 1.15(a), 1.15(b), 1.15(c) (Safekeeping Property), 1.16(d) (Terminating Representation), 3.3(a)(1) (Candor Toward the Tribunal), 8.1(a) (Disciplinary Matters), 8.4(c) (Dishonesty, Fraud, Deceit, or Misrepresentation), 8.4(d) (Conduct That Is Prejudicial to the Administration of Justice), and 8.4(a) (Violating or Attempting to Violate the MLRPC), and current Maryland Rule 19-408 (Commingling of Funds).²

On November 22, 2016, this Court designated the Honorable David A. Boynton of the Circuit Court for Montgomery County to hear this attorney discipline proceeding. On March 29, 2017, Ucheomumu filed in this Court a "Motion for Change of Venue and to Amend Order Designating Judg[e.]" On March 31, 2017, this Court issued an Order granting the Motion for Change of Venue. On April 12, 2017, this Court designated the Honorable Tiffany H. Anderson ("the hearing judge") of the Circuit Court for Prince George's County to hear this attorney discipline proceeding.

On December 22, 2017, Ucheomumu filed in this Court a "Motion to Dismiss Improperly-Filed and Unauthorized Charges[ ] and Request for Oral Argument[,]" a brief in support thereof, and a Motion to Seal as to one of the exhibits that he attached to the brief. On December 28, 2017, Ucheomumu filed in this Court an "Emergency Motion to Stay Trial Court Proceedings[,]" a "Motion for Issuance of Additional Briefing Schedule as to Questions of Law Capable of Repetition, but Consistently Evading Review, or in the Alternative, Motion for Appropriate Reli[e]f[,]" and a brief in support of the motions. On January 2, 2018, this Court issued an Order granting the Motion to Seal and denying the Motion to Dismiss and the Motion for Issuance.

On January 10, 16, and 17, 2018, the hearing judge conducted a hearing.³ On April 25, 2018, the hearing judge filed in this Court an opinion including findings of fact and conclusions of law, concluding that Ucheomumu had violated MLRPC 1.1, 1.2(a), 1.3, 1.4, 1.5, 1.15(a), 1.15(c), 1.16, 3.3, 8.1, 8.4(c), 8.4(d), and 8.4(a), and had attempted to violate MLRPC 1.8(h)(1) and 1.8(h)(2) in violation of MLRPC 8.4(a).⁴

On July 16, 2018, Ucheomumu filed in this Court a "Motion to Compel Production of Documents [Bar Counsel] Improperly[ ]Withheld During the Trial Court Proceedings; and Exceptions to Trial Court Rulings Regarding Such Documents" and a "Motion to Unseal Records and Deposition and Vacate Non-Dissemination Order[.]" On August 23, 2018, this Court issued an Order denying the Motion to Compel and the Motion to Unseal. On September 7, 2018, Ucheomumu filed in this Court motions for reconsideration of this Court's denial of the Motion to Compel and the Motion to Unseal. On the same date, this Court issued an Order denying the motions for reconsideration.

On October 4, 2018, we heard oral argument. For the below reasons, we disbar Ucheomumu.

BACKGROUND

The hearing judge found the following facts, which we summarize.

On June 16, 2009, this Court admitted Ucheomumu to the Bar of Maryland. At all relevant times, Ucheomumu was a solo practitioner with a virtual office in Montgomery County.

On July 31, 2014, in a child custody case, the Circuit Court for Prince George's County issued an order that was unfavorable to Martin. On November 3, 2014, Ucheomumu and Martin signed an "Attorney Engagement Agreement," which stated as follows. Martin had "filed a pro se appeal and need[ed] the legal services of [Ucheomumu's firm] to handle the Appeal Brief and oral argument[.]" Martin would pay Ucheomumu a flat fee of $10,500, and would also pay the filing fees and the cost of obtaining transcripts. Ucheomumu's firm would "deposit any and all" payments "in [its] general operating account, and not in a trust account." If, "[a]fter starting the work," Ucheomumu's firm withdrew from the representation "due to any conflict," Martin would receive a refund on a "pro[ ]rata basis[,] or" her payments would be applied to "outstanding legal bills." The Attorney Engagement Agreement did not specify an hourly rate, or explain how the amount of any "outstanding legal bills[,]" or the amount of any refund on "a pro[ ]rata basis[,]" would be calculated. Ucheomumu did not advise Martin to seek independent counsel to review the Attorney Engagement Agreement's statement that he would not deposit unearned funds into an attorney trust account.

After Martin retained Ucheomumu to represent her in the appeal, she requested from him legal advice that pertained to the child custody case, but that was outside the scope of his representation of her in the appeal. Specifically, Martin requested from Ucheomumu legal advice regarding visitation with her children. Ucheomumu reviewed e-mails and other documents that pertained to the child custody case, and, on Martin's behalf, made phone calls and engaged in negotiation with opposing counsel regarding visitation with her children. The Attorney Engagement Agreement did not mention the costs of these legal services. There was no evidence that Ucheomumu and Martin entered into a separate or amended retainer agreement that addressed the costs of these legal services. Ucheomumu did not advise Martin that he applied at least some of her payments for the appeal toward the costs of these legal services.

On November 3, 2014, Martin paid Ucheomumu $3,000, which he deposited into his attorney trust account; he drafted a Notice of Appeal and advised Martin to file it in the circuit court; and she did so. On November 4, 2014, Ucheomumu e-mailed Martin's previous counsel in an attempt to obtain her case file. Martin's previous counsel never provided any documents to Ucheomumu. On November 7, 2014, Ucheomumu filed a Civil Appeal Information Report on Martin's behalf, and withdrew $1,000 from his attorney trust account. On November 19, 2014, Martin paid Ucheomumu $200, which he did not deposit into his attorney trust account.

On November 20, 2014, the Court of Special Appeals issued an order to proceed, stating that there would be no prehearing conference, and that the appeal would be governed by Maryland Rule 8-207(a), which provides for expedited appeals in child custody and visitation cases. See Md. R. 8-207(a)(1)(B). In November 2014, Maryland Rule 8-411(b)(1) stated that, generally, "[t]he appellant shall order the transcript within ten days ... after [ ] the date of an order ... that the appeal proceed without a prehearing conference, ... unless a different time is fixed by that order[.]" (Paragraph break omitted). Here, ten days after the date of the order to proceed was November 30, 2014, which was a Sunday; thus, the transcripts of the relevant proceedings in the circuit court needed to be ordered by December 1, 2014, the next business day.⁵ See Md. R. 1-203(a)(1). Ucheomumu never ordered the transcripts, never advised Martin to do so, and never filed a timely motion for extension of time to file the transcripts.

On December 2, 2014, Ucheomumu withdrew $2,000 from his attorney trust account. On December 8, 2014, a week after the date on which the...