No Disbarment For Lying To One Client

The Maryland Court of Appeals has imposed an indefinite suspension of an attorney for misconduct in representing a client in a medical malpractice claim.

The attorney blew the statute of limitations, failed to advise and made misrepresentations to the client and settled her claim of legal malpractice without giving the required written notice of the desirability of consulting with independent counsel.

The court majority noted its precedents on sanctions for dishonest conduct

We now turn to the difficult and serious task of determining the appropriate sanction. Where, as here, MLRPC 8.4(c) is the flagship of a flotilla of violations, our cases of arguably similar ilk are strewn over the sanctions landscape. Petitioner recommends that Respondent be disbarred. Respondent argues that a less severe sanction is more appropriate…

Respondent’s conduct involved several distinct violations of the MLRPC. He failed to communicate with [client] Wisniewski regarding his difficulty in obtaining an expert, the dismissal of her case, and the expired statute of limitations. He failed to withdraw from the case when he realized that she may have had a cause of action against him. He lied to her about the existence of a fictitious settlement.

The court majority weighed aggravating and mitigating factors in declining to order disbarment.

Judge Battaglia, joined by Judge Watts, dissented

Although Shapiro’s violations do not involve multiple clients and cases, his misconduct spans a multiple-year period. He actively misrepresented the status of the case to Wisniewski for five years and failed to inform her of the difficulties he had in finding a doctor to execute a Certificate of Merit. Not only did Respondent lie to Wisniewski about the status of her case, his lies spiraled: he told her that the case had settled when no such settlement had occurred, but ultimately he did not have the money available to fund the “settlement.” Respondent only told Wisniewski the truth about her case—that it had been dismissed, that the statute of limitations had passed, and that no settlement occurred—after she filed a complaint with the Attorney Grievance Commission. Respondent violated additional MLRPC by settling a potential legal malpractice claim with Wisniewski without advising her in writing of the desirability of seeking the advice of independent counsel or obtaining her informed consent, confirmed in writing, to the essential terms of the transaction.

Accordingly, I would order Respondent’s disbarment.

The attorney had been reprimanded in 2012 for tax violations. (Mike Frisch)