Attorney Grievance v. Logan, Misc. Docket AG No. 13, September Term, 2005.
Decision Date | 22 December 2005 |
Docket Number | Misc. Docket AG No. 13, September Term, 2005. |
Citation | 390 Md. 313,888 A.2d 359 |
Parties | ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. William M. LOGAN. |
Court | Court of Special Appeals of Maryland |
Raymond A. Hein, Asst. Bar Counsel (Melvin Hirshman, Bar Counsel for Atty. Grievance Com'n), for petitioner.
Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE JJ.
The Attorney Grievance Commission of Maryland, the petitioner, by Bar Counsel, acting pursuant to Maryland Rule 16-751,1 filed a Petition For Disciplinary Or Remedial Action against William M. Logan, the respondent. The petition charged that the respondent violated Rules 1.3, Diligence,2 1.4, Communication,3 1.16, Declining or terminating representation,4 5.5, Unauthorized practice of law,5 8.1, Bar admission and disciplinary matters,6 and 8.4 Misconduct,7 of the Maryland Rules of Professional Conduct, as adopted by Maryland Rule 16-812.
We referred the case, pursuant to Rule 16-752 (a),8 to the Honorable Nelson W. Rupp, of the Circuit Court for Montgomery County, for hearing. When the respondent did not answer the petition, an order of default was entered against him. Following a hearing, at which, despite being notified as to the date and time, the respondent did not appear, the hearing court, pursuant to Rule 16-757(c),9 found facts by the clear and convincing standard, as follows:
(a) Arlington County (Va.) Circuit Court;
(b) Fairfax County (Va.) Circuit Court;
(c) United States District Court for the Northern District of Virginia.
On the basis of the foregoing findings of fact, the hearing court concluded that the respondent engaged in the professional misconduct, as charged by the petitioner and that each of the charged Rule violations was established by his acts and omissions.
Neither the petitioner nor the respondent took exceptions to the hearing court's findings of fact or conclusions. Indeed, the respondent, though notified of the proceedings in this Court, did not file any pleadings or appear at oral argument. Consequently, for purposes of sanction, we treat the findings of fact as established. Rule 16-759(b)(2)(A).10 Moreover, upon our de novo review of the hearing court's conclusions of law, Rule 16-759(b)(1),11 we are satisfied that they follow from, and are supported by, the court's factual findings, which, again, have been established.
That leaves for resolution the appropriate sanction. The petitioner recommends disbarment, submitting that, under the circumstances, it is the only viable sanction. In its Petitioner's Recommendation For Sanction, the petitioner emphasizes the respondent's failure to respond to Bar Counsel's lawful demands for information, his failure to participate in the disciplinary process, having failed to answer the formal charges or to appear during the proceedings. Also of concern to the petitioner is the respondent's failure, although an apparently experienced litigator, to have complied with the rules of the various courts in which he entered an appearance, or to have made more than cursory efforts to do so. The final reason underlying the petitioner's disbarment recommendation is its...
To continue reading
Request your trial-
Attorney Grievance v. Webster
...Maryland Rule 16-759(b)(2)(A); Attorney Grievance v. Floyd, 400 Md. 236, 250, 929 A.2d 61, 69 (2007); Attorney Grievance v. Logan, 390 Md. 313, 319, 888 A.2d 359, 363 (2005). In the Edwards matter, Judge Jackson concluded that Respondent violated MRPC 1.15(a), 1.16(d) with respect to $630 t......
-
Attorney Grievance Comm'n of Md. v. Blair
...in abandoning his client and failing to answer Bar Counsel's inquiries warranted the ultimate sanction of disbarment. 390 Md. 313, 319–20, 888 A.2d 359, 363–64 (2005). In violation of Rules 1.3, 1.4(a), and 8.4(a) and (d), Logan abandoned his client after a contentious email exchange, decli......
-
Attorney Grievance Comm'n of Md. v. Gray
...as established, for the purpose of determining the appropriate sanction. Maryland Rule 16–759(b)(2)(A); Attorney Grievance Comm'n v. Logan, 390 Md. 313, 319, 888 A.2d 359, 363 (2005).” 13. Chapman was found to have committed violations of Rules 1.4 in respect to failure to communicate issue......
-
Attorney Grievance v. Floyd
...as established, for the purpose of determining the appropriate sanction. Maryland Rule 16-759(b)(2)(A); Attorney Grievance Comm'n v. Logan, 390 Md. 313, 319, 888 A.2d 359, 363 (2005). We note that this Court has original and complete jurisdiction over attorney disciplinary proceedings.4 Att......