Unappealing Conduct Leads To Suspension
An attorney who had “essentially abandoned” a client in a civil matter before the Maryland Court of Appeals was suspended for 30 days by the state’s Court of Appeals.
Respondent, a member of the Bar of Maryland, agreed to represent Kevin Wilson (“Wilson”) as the appellant in an appeal in a civil case. Shuler failed to appear before the Court of Special Appeals at the oral argument that had been scheduled in Wilson’s case. On that morning, Shuler telephoned the Office of the Clerk of the Court of Special Appeals to state that she felt too ill to travel that morning and to request that oral argument be rescheduled. Sometime afterward, Shuler telephoned the Office of the Clerk of the Court of Special Appeals to check the status of Wilson’s case. Shuler failed to take any further action in Wilson’s case. For example, Shuler failed to file a written explanation for her absence or a written request that oral argument be rescheduled. After the Court of Special Appeals treated Wilson’s case as “submitted on brief” and affirmed the trial court’s judgment, Shuler failed to inform Wilson that he had not prevailed in the appeal. Wilson filed a complaint against Shuler with the Attorney Grievance Commission (“the Commission”), Petitioner.
The medical issues
Shuler testified that she has cardiomyopathy and that, on both the day before and the day of oral argument in Wilson’s case, she was vomiting and experiencing diarrhea. Consistently, in her exceptions, Shuler asserts that, from December 2012 through February 2013, she was “continuously ill” and “had the flu, sinus infections[,] and [a] stomach virus.”
She lived in Richmond and relied on public transportation.
As to sanction
we suspend Shuler from the practice of law in Maryland for thirty days, with a condition precedent to reinstatement that Shuler satisfactorily demonstrate, by the report of a health care professional (acceptable to the Commission and, ultimately, this Court) or other appropriate evidence, that she is mentally and physically competent to resume the practice of law.
Judge Battaglia noted the attorney’s lack of remorse and would impose an indefinite suspension.
The attorney was informally admonished in the District of Columbia for similar misconduct. (Mike Frisch)