“Little White Lie” Is Unethical

The Maryland Court of Appeals disbarred an attorney for misconduct in two client matters. The attorney did not escrow advanced fees, provided incompetent representation in one matter, and lied to both clients about the status of their cases. The court rejected the suggestion that a “little white lie” (the lawyer told the client the action had been filed when he intended to do so shortly thereafter) did not violate the ethics rules. Further, the court makes clear that the failure to escrow advanced fees and the use of such fees constitutes a knowing misappropriation, for which disbarment is the appropriate sanction. (Mike Frisch)