“It May Be Soon, Or it May Be Never” Maryland Sanctions “Representational Paralysis”

An opinion issued today by the Maryland Court of Appeals

To his credit, Mr. Moore has, as before, largely admitted the violations. We also recognize what appears to be his sincere remorse and the relationship of these violations to his difficulty in coping with long-standing personal issues. The hearing judge aptly characterized the source of Mr. Moore’s misconduct as “representational paralysis in the face of a difficult case rather than … dishonesty.” Nevertheless, as the regulator of the legal profession in Maryland, we are obligated to protect the public as best we can from attorneys who fail, for whatever reason, to conform to professional norms. Accordingly, we suspend Mr. Moore from the practice of law indefinitely until such time as he can satisfy the Court that the misconduct will not recur.

The case involved misconduct in two client matters and an initial failure to respond to the investigation.

The stressors

Mr. Moore testified – credibly, according to the hearing judge – that his personal or emotional problems are in part related to his being a survivor of domestic violence and abuse committed by his second wife. They were divorced six years before the Pasqualucci representation began, but she continued to engage in verbal abuse until 2014, when she pled guilty to a criminal charge in relation to the abuse.

 The court found that he was remorseful

We agree with Bar Counsel that the appropriate sanction is something less than disbarment. Although Mr. Moore occasionally said things to his clients that proved to be untrue, such as his inaccurate statement to [client] Mr. Custodio that the September 27, 2013, interview was canceled because of “staffing issues,” the hearing judge did not find the sort of intentional dishonesty that would ordinarily warrant disbarment. See Attorney Grievance Comm’n v. Vanderlinde, 364 Md. 376, 418, 773 A.2d 463 (2001).

Mr. Moore’s misconduct is of a different character. Mr. Moore’s violations are in the nature of serious neglect for which the Court has typically imposed an indefinite suspension.

As to what the future may hold

we decline to set a minimum length for this indefinite suspension, because we cannot say with any certainty how long it will take for Mr. Moore to make the necessary progress toward being able to handle intimidating or confrontational situations with techniques other than avoidance. It may be soon, or it may be never. Mr. Moore may apply for reinstatement whenever he has made genuine and demonstrable progress that convincingly shows that he will not violate the MLRPC again

  (Mike Frisch)