An Overall Impression

The Maryland Court of Appeals rejects an application for admission

 Applicant for admission to the Maryland Bar had not met the burden of establishing that he possessed the requisite moral character and fitness for admission to the Bar of Maryland. Alabama suspended his license to practice law following several instances of misconduct. Alabama twice denied his request for reinstatement. The applicant failed to disclose Alabama’s second denial of reinstatement and did not fully disclose a jury conviction for resisting arrest. He did not supplement his application with information requested by the State Board of Law Examiners. The applicant did not provide a credible explanation for these omissions. The Court denied his admission

Key line

Lack of candor dooms an applicant’s chances for admission to the Bar.

The background

Overall graduated from law school in 2010 and was admitted to the Bar of Alabama that same year, working primarily as a criminal defense attorney. In October 2012, Overall received a private reprimand from the Alabama State Bar for failing to comply with local scheduling conflict resolution rules. Between October 2012 and May 2013, a number of complaints were filed against Overall with the Alabama State Bar. The complaints variously alleged that Overall: (1) failed to appear on behalf of clients, or was tardy; (2) was underprepared for court, leading to a mistrial; (3) had been found in contempt of court after being warned about his conduct; (4) improperly altered a subpoena when he was not authorized to issue subpoenas; (5) improperly filed civil complaints to avoid paying the fee for a jury demand; (6) had not informed a client about a court hearing; and (7) failed to file a written response to a Motion for Summary Judgment.

 On May 28, 2013, Overall entered a conditional guilty plea to multiple violations of the Alabama Rules of Professional Conduct (“ARPC”) based on these complaints.1 Overall agreed to a 91-day suspension held in abeyance and two years’ probation. Additional complaints were filed with the Alabama State Bar against Overall during his probationary period. The complaints included circumstances leading to Overall’s conviction in July 2013 for resisting arrest.

Overall was found in contempt of court on November 12, 2012, for failing to appear on time for a scheduled hearing. He was fined $50.00 and court costs. Overall did not pay the fine. At the show cause hearing, which had been continued twice at Overall’s request, the judge imposed an additional fine and court costs. When Overall failed to pay his fines and costs in either matter, the judge set another show cause hearing. Overall filed a motion to continue the hearing on the morning it was scheduled to take place. The judge reluctantly rescheduled the hearing. When the hearing finally took place, Overall was held in criminal contempt, and he was charged with resisting arrest after being taken into custody. He was convicted of resisting arrest in Houston County District Court. Overall appealed, and was convicted again in Houston County Circuit Court in a de novo jury trial on April 22, 2015.

The other complaints alleged that Overall had engaged in inappropriate lines of questioning after being told to desist in a criminal trial, and had been found in contempt in another criminal trial. After receiving these complaints, the Office of General Counsel of the Alabama State Bar filed a Petition to Revoke Probation based on multiple violations of the ARPC.2 In August 2013, Overall consented to the revocation of his probation and agreed to the 91-day suspension. In the consent agreement, Overall admitted to violating the ARPC as alleged in the Petition to Revoke Probation. Overall was denied reinstatement in March 2014 and October 2015.

He applied for Maryland Bar admission in May 2015 but had numerous disclosure issues

The decisions of the Committee, Board, and this Court are based on substantial evidence that Overall lacks the moral fitness to practice law. Maryland has afforded Overall ample opportunity to demonstrate his fitness. His repeated omissions, mischaracterizations, and continued failure to recognize the import of the same leads us to conclude that Overall should not be a lawyer in Maryland. Upon consideration of the entire record before the Committee and the Board, we hold that Overall has failed to satisfy his burden of demonstrating that he has the good moral character necessary for the practice of law and admission to the Bar of Maryland. We shall not order his admission.

(Mike Frisch)