Opinion
Misc. Docket AG No. 25 Sept. Term, 2013.
2014-10-21
ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Christine Boco GAGE–COHEN.
James N. Gaither, Asst. Bar Counsel (Glenn M. Grossman, Bar Counsel, Attorney Grievance Commission of Maryland), for Petitioner.No argument on behalf of Respondent.
Disbarment ordered.
James N. Gaither, Asst. Bar Counsel (Glenn M. Grossman, Bar Counsel, Attorney Grievance Commission of Maryland), for Petitioner. No argument on behalf of Respondent.
Argued before BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD and WATTS, JJ. McDONALD, J.
This attorney discipline matter concerns an attorney who accepted $2,500 from a client as a retainer for a divorce case, had no further communication with her client, performed no work on the matter, and apparently abandoned her Maryland law practice. The attorney, who did not maintain a separate trust account, deposited the client's payment into a general account and never returned the unearned fee to the client. The attorney did not cooperate with Bar Counsel's disciplinary investigation, failed to respond to the disciplinary charges later filed against her, and did not participate in the proceedings before the hearing judge or our Court. As a result, we have no information that would mitigate the sanction for her misconduct. We hold that she violated multiple provisions of the Maryland Lawyers' Rules of Professional Conduct (“MLRPC”) as well as related rules and statutes and, based on those violations, disbar her.
Maryland Rule 16–604 similarly provides, in part:
[A]ll funds, including cash, received and accepted by an attorney or law firm in this State from a client or third person to be delivered in whole or in part to a client or third person, unless received as payment of fees owed the attorney by the client or in reimbursement for expenses properly advanced on behalf of the client, shall be deposited in an attorney trust account in an approved financial institution.
Consistent with MLRPC 1.15, this rule requires attorneys to keep all client funds in a trust account until earned as fees or otherwise distributed in accordance with the representation agreement. Attorney Grievance Comm'n v. Van Nelson, 425 Md. 344, 360, 40 A.3d 1039 (2012). Finally, Maryland Rule 16–606.1 sets forth the requirements for creating and maintaining attorney trust accounts, including detailed records of every transaction in each client matter.
MLRPC 8.4(c) states, “It is professional misconduct for a lawyer to: ... (c) [e]ngage in conduct involving dishonesty, fraud, deceit or misrepresentation[.]” When an attorney misappropriates client funds, the attorney violates MLRPC 8.4(c). Costanzo, 432 Md. at 256, 68 A.3d 808; McCulloch, 404 Md. at 400, 946 A.2d 1009; see also Attorney Grievance Comm'n v. Kreamer, 404 Md. 282, 298, 946 A.2d 500 (2008).
Maryland Rule 16–609(a) states, “An attorney or law firm may not borrow or pledge any funds required by the [Maryland Rules] to be deposited in an attorney trust account, ... or use any funds for any unauthorized purpose.” BOP § 10–306 states, “A lawyer may not use trust money for any purpose other than the purpose for which the trust money is entrusted to the lawyer.” Because “the statute and the Rule have the same requirement,” a violation of Rule 16–609 is a violation of BOP § 10–306. Attorney Grievance Comm'n v. Goff, 399 Md. 1, 30, 922 A.2d 554 (2007). Failure to deposit unearned fees into an attorney trust account is a violation of Rule 16–609, and therefore of BOP § 10–306 as well. Costanzo, 432 Md. at 255, 68 A.3d 808.
Ms. Gage–Cohen did not deposit the payment fees she received from Ms. Turner into a separate trust account. Nor did she obtain Ms. Turner's informed, written consent to an alternate arrangement, as required by MLRPC 1.15(c). The hearing judge found that Ms. Gage–Cohen did not maintain trust account records, and did not maintain a trust account at all in 2012. This mismanagement of funds violated MLRPC 1.15(a) & (c), and 8.4(c), Maryland Rules 16–604, 16–606.1, and 16–609, and BOP § 10–306.
Failure to Cooperate with Bar Counsel
MLRPC 8.1(b) states, in pertinent part, that a lawyer “in connection with a disciplinary matter, shall not: ... (b) knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority....” This Court has repeatedly held that this rule requires an attorney to timely answer requests from the Commission regarding a complaint in a potential disciplinary matter. Attorney Grievance Comm'n v. Gray, 436 Md. 513, 521, 83 A.3d 786 (2014); see also Attorney Grievance Comm'n v. O'Leary, 433 Md. 2, 39, 69 A.3d 1121 (2013).
From June through November 2012, Bar Counsel sent Ms. Gage–Cohen four letters requesting information about Ms. Turner's complaint and advising her of the severity of the matter. When the Commission investigator called her, she did not return his calls, and she only spoke with him when he appeared at her office unannounced. At that point, Ms. Gage–Cohen acknowledged receiving Bar Counsel's letters and promised to respond, but she never made good on that promise. Accordingly, she violated MLRPC 8.1(b).
Conduct Prejudicial to the Administration of Justice
Under MLRPC 8.4(d), “It is professional misconduct for a lawyer to: ... (d) engage in conduct that is prejudicial to the administration of justice[.]” A violation of that provision includes “conduct which erodes public confidence in the legal profession.” Van Nelson, 425 Md. at 362, 40 A.3d 1039 (quoting Attorney Grievance Comm'n v. Carithers, 421 Md. 28, 56, 25 A.3d 181 (2011)). In Van Nelson, this Court held that charging an unreasonable fee, refusing to return unearned fees, and failing to respond to Bar Counsel violated MLRPC 8.4(d). Id. at 362–63, 40 A.3d 1039; cf. Attorney Grievance Comm'n v. Gallagher, 371 Md. 673, 713, 810 A.2d 996 (2002) (misappropriating funds violates MLRPC 8.4(d)).
As Ms. Gage–Cohen accepted payment from Ms. Turner without carrying out the promised representation, seemingly abandoned the representation of Ms. Turner without returning the unearned fee, and failed to respond to Bar Counsel's requests for information, she violated MLRPC 8.4(d). Attorney Grievance Comm'n v. Rose, 383 Md. 385, 392, 859 A.2d 659 (2004) (“failure to promptly and sufficiently respond to Bar Counsel's requests for information is conduct prejudicial to the administration of justice”).
Sanction
The Commission recommends that we disbar Ms. Gage–Cohen. It notes that we have disbarred attorneys “[i]n cases involving flagrant neglect of client affairs, including failure to communicate with clients or respond to inquiries from Bar Counsel.” Attorney Grievance Comm'n v. Lara, 418 Md. 355, 365, 14 A.3d 650 (2011). In Lara, the attorney accepted fees from two clients for bankruptcy cases, but deposited the funds into a personal account and performed no work on either case. Id. at 360–61, 14 A.3d 650. The attorney abandoned his law office and ceased all communications with his clients. Id. He also ignored Bar Counsel's investigation until an investigator arrived at his home unannounced. Id. at 361, 14 A.3d 650. Although promising to do so, the attorney never responded to Bar Counsel's letters or refunded his clients' fees. Id. This Court held that his conduct violated MLRPC 1.3, 1.4(a) & (b), 1.15(a), (c) & (d), 1.16(d), 8.1(b), and 8.4(a) & (d), “warrant[ing] the gravest sanction, disbarment, for the protection of the public.” Id. at 365, 367, 14 A.3d 650.
This Court has found disbarment appropriate in other cases involving similar “flagrant neglect.” See, e.g., Attorney Grievance Comm'n v. Tinsky, 377 Md. 646, 655, 835 A.2d 542 (2003); Shakir, 427 Md. at 208, 46 A.3d 1162 (attorney disbarred for accepting payment but failing to put money in client trust account or to perform any legal services); Attorney Grievance Comm'n v. Wallace, 368 Md. 277, 293, 793 A.2d 535 (2002) (disbarring attorney who lacked diligence and preparation, did not communicate with his clients, charged unreasonable fees, misappropriated funds, lied, and failed to comply with Bar Counsel's requests).
Ms. Gage–Cohen's neglect of her client and misappropriation of the client's funds violated MLRPC 1.1, 1.2(a), 1.3, 1.4(a) & (b), 1.5(a), 1.15(a) & (c), 1.16(a) & (d), and 8.4(a), (c) & (d), as well as related rules and statutes. This “egregious behavior is exacerbated by h[er] complete failure to respond to Bar Counsel's investigation, although reminded of h[er] obligation by [the Commission's] investigator, in violation of Rule 8.1(b).” Lara, 418 Md. at 365, 14 A.3d 650. Ms. Gage–Cohen has offered no mitigating evidence. Under these circumstances, disbarment is the appropriate sanction.
It is so Ordered. Respondent Shall Pay all Costs as Taxed by the clerk of this Court, Pursuant to Maryland Rule 16–761, for which sum Judgment is Entered in Favor of the Attorney Grievance Commission Against Christine Boco Gage–Cohen.