Formula For Disbarment

An attorney whose lack of competence, dishonesty and failure to participate in the bar disciplinary process was proven deserved and got disbarred by the Maryland Court of Appeals.

In the present case, an attorney’s knowing and intentional conduct to conceal from his client and the courts the attorney’s incompetence and lack of diligence warrants the ultimate sanction of disbarment. The attorney’s misconduct included:

(1) his knowing failure to respond to Bar Counsel’s request for client information during the disciplinary investigation; and (2) the attorney’s wrongful actions and inactions during the discovery process of the underlying civil proceedings which resulted in the dismissal of the client’s medical malpractice claim with prejudice.

Sanction

The egregious nature of Respondent’s actions to conceal his incompetence and lack of diligence from his client in an attempt to lead her and the courts to believe that he was acting in the best interest of the client cannot be tolerated. This is especially so, as here, where the client is harmed by the attorney’s misconduct. Disbarment for intentionally misleading a tribunal or client may not be the appropriate sanction in every situation…

In the case at bar, “Respondent never responded to Bar Counsel during the pendency
of the investigation and prosecution of this [case].” He filed frivolous actions in the
underlying medical malpractice claim and failed to participate at any level in the
disciplinary proceedings filed against him. The hearing judge found, in addition to
Respondent’s knowing and intentional misrepresentations to the courts to cover up his own lack of diligence and competence, [numerous] aggravating factors…

(Mike Frisch)