The Maryland Court of Appeals has disbarred an attorney for misconduct in two immigration matters.

Respondent was admitted to the Maryland Bar on June 19, 2002. She began a solo law practice in May of 2003, and described her areas of concentration as immigration, criminal, traffic, family, and civil litigation. She speaks, reads, and writes in both English and Spanish. Although Respondent resides in Easton, Maryland, she maintains her office for the practice of law in Glen Burnie, Maryland. Respondent testified that she has experienced recurrent health problems, including problems with sciatica on both sides, and bulging discs in her back. She also testified that she had vertigo in 2013 and micro colitis, which is similar to irritable bowel syndrome. Respondent did not present any evidence confirming the aforementioned diagnoses or treatment. The misconduct related to this investigation by Bar Counsel involves Respondent’s representation of two clients, Isaac Escalante and Ingris Ardon.

In the Escalante matter, a missed hearing

Respondent initially testified that she had a telephone conversation with Escalante on the morning of November 26, 2013, and advised him of the hearing and Yates’ representation. Later, Respondent changed her testimony and asserted that she left Escalante a telephone message. Additionally, Respondent testified that she failed to appear on behalf of Escalante in immigration court because her cat died.

The client was ordered removed in absentia and arrested

Escalante subsequently retained Rene Swafford (“Swafford”), Esquire. Swafford tried several times to contact Respondent by telephone, and left two messages for her, but Respondent never returned the calls. In September of 2015, Swafford requested a copy of Escalante’s client file from Respondent, but received no response. Respondent contended that she did not provide Escalante’s file because Swafford did not present a release signed by Escalante, granting permission. In December of 2015, Bar Counsel requested that Respondent provide Escalante’s file to Swafford. In January of 2016, Respondent complied.

In the bar case

Petitioner called John F. Gossart, Jr. (“Judge Gossart”), a retired federal immigration Judge, as an expert in immigration law and immigration court procedure. Judge Gossart testified that Respondent’s representation of Escalante and Ardon was incompetent.

The court rejected a host of exceptions by the attorney but agreed with Bar Counsel’s exception that the conduct here prejudiced the administration of justice.

Sanction

Respondent’s clients, both citizens of other countries, with a poor grasp of the English language, comprise a particularly vulnerable class of people. Such clients wholly rely on their lawyer’s expertise and assurances that the lawyer is working in their best interest. Respondent’s clients were a part of a group easily susceptible to abuse. As such, Respondent’s conduct merits disbarment.

(Mike Frisch)