“So Either File A Complaint Or Get The Hell Off My Back”

An attorney who had failed to remove earned fees from his escrow account and was initially uncooperative with the bar investigation has been reprimanded by the Maryland Court of Appeals.

From the hearing judge’s findings

To some extent, Respondent appeared to be the victim of the old adage, “no good deeds go unpunished.” He repeatedly provided free legal advice to Mr. Hulamm, who in turn appeared to believe that Respondent should provide him free services. Respondent was not faultless, however… Respondent Weiers’[s] failure to keep time sheets and to bill accordingly led to Mr. Hulamm’s insistence that he was due a refund although Respondent had earned his fee. Further, Respondent’s failure to timely pay himself for services rendered to Crescendo Realty, LLC, resulted Respondent Weiers’[s] failure to keep time sheets and to bill accordingly led to Mr. Hulamm’s insistence that he was due a refund although Respondent had earned his fee. Further, Respondent’s failure to timely pay himself for services rendered to Crescendo Realty, LLC, resulted in the commingling of earned and unearned funds in Respondent’s trust account for approximately one year.

The court was not impressed with the attorney’s attitude as reflected by this communication to Bar Counsel

I do not know what misconduct you are investigating and I don’t think you do either. Your latest demand appears to be a desperate attempt to justify the time you have wasted so far. . . I don’t know if you are on a witch hunt, a personal vendetta, a fishing expedition, or if you just don’t have enough to do, but I’ve had my fill of you. So either file a complaint or get the hell off my back.

This attitude was also reflected in Respondent’s statements during oral arguments, asserting for instance that this entire situation was “Kafkaesque.” These statements reflect a disparagement of and lack of regard for the Attorney Grievance Commission. In our review of the record, we agree with the hearing judge that Mr. Weiers’s failure to cooperate readily with Bar Counsel constitutes a MLRPC 8.1(b) violation.

But in the end

Respondent’s conduct in this case caused no harm to his clients. Respondent has no history of prior disciplinary offenses, and there is no evidence that his conduct was motivated by a dishonest or selfish motive. Although Respondent failed to timely comply with Bar Counsel’s requests for information, Respondent ultimately responded to Bar Counsel and participated in the disciplinary process. Mindful of Respondent’s troubling attitude toward Bar Counsel and the investigative process, and having cautioned Respondent against such conduct in the future, we conclude that a reprimand is the appropriate sanction in this case.

(Mike Frisch)