In Over His Head But Not A Co-Conspirator
The Maryland Court of Appeals rejected a circuit court judge’s most serious misconduct findings and suspended an attorney with the right to apply for reinstatement in 90 days
On July 10, 2015, the Attorney Grievance Commission of Maryland (“Petitioner”), acting through Bar Counsel, filed a Petition for Disciplinary or Remedial Action against Andrew Ndubisi Ucheomumu (“Respondent”) charging him with violating the Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”), arising out of his representation of David C. Jackson and Jackson’s companies, Jalin Realty Capital Advisors (“Jalin”) and American Capital Holdings (“ACH”). Petitioner’s gravest allegations against Respondent claimed that Respondent continued to assist Jackson after Respondent was placed on actual or constructive notice of Jackson’s fraudulent lending practices. The hearing judge agreed and found that Respondent was “well aware of Jackson’s illegal activity,” and that Respondent’s representation “actively aided and abetted” Jackson and Jalin.
For the reasons outlined infra, we disagree with the hearing judge’s finding that Respondent had knowledge of Jackson’s advance fee fraud during Respondent’s representation. Accordingly, we disagree with the hearing judge’s finding that Respondent “aided and abetted” Jackson’s criminal activity. In light of Respondent’s less serious violations of the MLPRC discussed herein, we find that the appropriate sanction is an indefinite suspension with the right to apply for reinstatement after 90 days. As a condition of reinstatement, upon application, Respondent must provide the Attorney Grievance Commission and Bar Counsel with appropriate documentation showing the existence and maintenance of an attorney trust account.
Mitigation
Respondent was a newly admitted attorney at the time of his representation of Jackson and Jackson’s companies. Respondent was admitted the Bar in June of 2009. His representation of Jackson and his companies spanned from 2010 to 2012. Respondent admitted to the hearing court that he was engaged in matters that were “over [his] head” in relation to his representation of Jackson and Jackson’s companies. Although Respondent had a prior career in the import/export business, and he was fifty-six years old at the time of the hearing in this matter, Respondent was, nonetheless, inexperienced in the unique challenges that confront solo practitioners, and those in private practice, generally, during his representation of Jackson and Jackson’s companies. Lastly, Mr. Samuel Hamilton, Esq., a longtime member of the Maryland Bar, testified favorably before the hearing judge regarding Respondent’s quality of character since Mr. Hamilton initially met Respondent in 2010. The hearing judge expressly credited Mr. Hamilton’s testimony regarding Respondent’s character.
(Mike Frisch)