Indefinite

The partners in a two-lawyer firm were indefinitely suspended by the Maryland Court of Appeals in an 89 page opinion. 

These violations stemmed from Respondents’ conduct as partners of Lang & Falusi, LLP; their representation of multiple clients; Mr. Falusi’s application to the Bar of Maryland; and Bar Counsel’s investigation of Respondents.

As to unauthorized practice

This precise factual situation—in which an out-of-state attorney establishes an immigration practice in Maryland, partners with a Maryland attorney, and occasionally assists the Maryland attorney in matters concerning Maryland law—may not have been contemplated by the multijurisdictional practice rules and certainly has not been addressed in our case law. However, the text of the Rule and comments appear to embrace such a situation. Under the circumstances set forth above, Mr. Falusi practiced law in the matters of Ms. Ikpim and Mr. Bean within the confines of MLRPC 5.5(c)(1). Therefore, we sustain Mr. Falusi’s exceptions to the hearing judge’s conclusions that he violated MLRPC 5.5(a) in the matters of Ms. Ikpim and Mr. Bean.

That said, although an attorney admitted elsewhere may, under MLRPC 5.5(c)(1), provide temporary legal services in association with a Maryland-barred attorney, the foreign attorney must still abide by MLRPC 5.5(b)(2) and make clear that he or she is not admitted in Maryland. In addition to the misleading letterhead and website, Mr. Falusi failed to disclose his jurisdictional limitations to the court, his clients, and the public at large. We conclude that Mr. Falusi violated MLRPC 5.5(b)(2) in all three matters at issue here.

Sanction for Mr, Lang

Although we disagree on the appropriate sanction, we agree with Bar Counsel that Mr. Lang’s misconduct is egregious. As we indefinitely suspend Mr. Lang with the option for reinstatement, we are by no means understating the severity of his misconduct. Rather, in looking back to our jurisprudence concerning like circumstances, we do not conclude that the public would be more protected with a sanction of disbarment.

And Mr. Falusi

Though there were different aggravating and mitigating factors present in that case, Mr. Falusi’s inexperience, absence of prior discipline, and relatively minor violation of 5.5 warrants a sanction less than disbarment. An indefinite suspension is the proper sanction for Mr. Falusi’s transgressions.

Judge Watts concurred and dissented

Respectfully, I concur in part and dissent in part. I concur with the Majority’s conclusion that Respondents engaged in voluminous instances of misconduct, including acts that involved dishonesty, the unauthorized practice of law, and, in Falusi’s case, criminal activity. The Majority also rightly determines that Respondents’ misconduct is aggravated by many factors, including a refusal to acknowledge the wrongful nature of their misconduct. I part company, however, with the Majority’s reasoning that indefinite suspensions are the appropriate sanctions. In my view, imposing indefinite suspensions here is completely unwarranted and inconsistent with the Court’s precedent. I would hold that disbarment is the appropriate sanction for Respondents’ various serious instances of misconduct.

(Mike Frisch)