Dark Shadow
An indefinite suspension has been imposed by the Maryland Court of Appeals for misconduct both during and after the representation
This attorney discipline case involves an attorney who failed to abide by his client’s instructions concerning the handling of the client’s case, failed to communicate with the client to permit him to make informed decisions about his case, and publicly disclosed confidential client information in the course of suing the former client and a third person in federal court, in a state where neither the former client nor the third party either resided or had any contacts, in an effort to collect attorney’s fees.
The attorney represented the client in a business dispute. He consented to a TRO without the client’s authority and sued the client and a New Jersey attorney for unpaid fees
In June of 2013, Respondent sued Mr. Braun and Mr. Fink in the United States District Court for the District of Maryland alleging Breach of Contract with respect to Mr. Braun and Tortious Interference and Unfair Competition with respect to Mr. Fink. Respondent claimed damages in the amount of $1,015,000. Specifically, he alleged “that Mr. Braun owed him attorney’s fees (plus interest) of approximately $15,000 and that Mr. Fink had hindered the representation of Mr. Braun and interfered with the attorney/client relationship between Respondent and Mr. Braun.”
Allegations contained in the complaint filed in the federal court touched upon “matters from the New York litigation that were privileged due to the attorney/client relationship and the accountant/client relationship.” In response to a Motion to Dismiss or, in the Alternative, to Strike, Mr. Braun’s attorney argued that the federal court had “no personal jurisdiction over Mr. Braun, no subject matter jurisdiction, and that the Complaint contained privileged information.” In formulating a response to the Motion to Dismiss, “Respondent filed affidavits from Mr. Braun’s former attorney (Mr. Goodman), former accountant (Mr. Gallo), and from Respondent, all of which revealed privileged information, strategic information related to the Golden Goal litigation, and information intended to disparage Mr. Braun.” After Mr. Braun’s attorney filed a reply to Respondent’s pleading, Respondent withdrew his complaint.
The heart of the matter
Respondent’s conduct during his representation of Mr. Braun demonstrated clear violations of the Maryland Lawyers’ Rules of Professional Conduct; however, his most egregious actions occurred after his representation of Mr. Braun. Casting the darkest shadow over Respondent’s conduct are his violations of Rules 1.6 and 1.9. Rule 1.6 provides that “[a] lawyer shall not reveal information relating to representation of a client unless the client gives informed consent [and] the disclosure is impliedly authorized in order to carry out the representation[.]” The attorney-client privilege belongs to the client; the attorney cannot legally waive the privilege on behalf of the client without the client’s consent. See Newman v. State, 384 Md. 285, 301, 863 A.2d 321, 330 (2004). Petitioner has not cited, and we have not found, a Maryland case in which an attorney violated Rule 1.6 by disclosing, without consent, information that was subject to the attorney-client privilege…
Respondent’s violations, particularly of Rules 1.6 and 1.9, seriously undermine his integrity as a member of this Bar. Respondent has demonstrated not only indifference towards the attorney discipline process, but an inexplicable absence of serious regard for his ethical duties to former clients. See Attorney Grievance Comm’n v. Lee, 393 Md. 385, 415, 903 A.2d 360, 378 (2006) (“Respondent presents no evidence of remorse or appreciation of the serious impropriety of his conduct.”). We are, however, constrained by the facts before us and our jurisprudence. We conclude that indefinite suspension is the appropriate sanction.
(Mike Frisch)