Doctor In The House

The Maryland Court of Appeals has disbarred an attorney who has never been admitted in the jurisdiction

This attorney discipline case involves conduct of an out-of-state attorney during her representation of a Maryland resident in a toxic mold case. While representing her client, the attorney called her client’s doctor, held herself out as a medical doctor, and sought the alteration of her client’s medical records. When the attorney was unable to reach the doctor, the attorney repeatedly called the doctor’s office over the course of two days and eventually made unprofessional comments about the doctor. Furthermore, while only barred in the District of Columbia, and without a pro hac vice sponsor, the attorney drafted and filed various pleadings on behalf of her client before Maryland courts. Finally, this attorney failed to obtain the trial transcripts required for her client’s appeal in the Maryland Court of Special Appeals which resulted in the dismissal of that appeal. For the reasons explained below, we hold that this attorney’s conduct merits disbarment.

The unauthorized practice findings note that the attorney was granted pro hac status and had local counsel. She “ghostwrote” pleadings after local counsel withdrew. 

Out-of-state counsel is not permitted to hide his or her representation of a client through the use of pro se filings when, as was present in this case, the out-of-state attorney is drafting all of the pleadings, conducting all of the research for the pleadings, placing their client’s signature on the pleadings, placing the statement that the client was proceeding pro se on the pleadings, and personally filing the pleadings on his or her client’s behalf.

The issue relating to the attorney’s use of the title “Doctor”

Ms. Maldonado maintains she did not engage in conduct that involved dishonesty, fraud, deceit or misrepresentation. She states she introduced herself as Dr. Maldonado but immediately clarified that she was an environmental attorney and that she represented Ms. Duren. She contends the record in this case supports the opposite conclusion reached by the hearing judge. Ms. Maldonado also contends that the hearing judge was incorrect that the use of “Doctor” was deliberately and intentionally misleading. She stated that pursuant to Rule 7.1 and the American Bar Association (“ABA”), lawyers who earned a juris doctor degree may refer to themselves as doctors.  She states it is an accurate title because she has received her juris doctor degree.

This Court has not established in an opinion or within the Rules specific guidance whether there are instances when an attorney may refer to himself or herself as a doctor…

In this instance, we are persuaded that Ms. Maldonado’s conduct was a violation of this Rule. Ms. Maldonado made a material misrepresentation when she intentionally referred to herself as a doctor while calling a medical doctor’s office in order to bypass the medical doctor’s office staff to speak to the medical doctor about her client. The record contains clear and convincing evidence that her misrepresentations to Dr. Wiley’s office were intentional. Ms. Maldonado testified that she sometimes uses the title of “Doctor” to hide the fact that she is an attorney because she has found doctor’s offices are hesitant to speak with an attorney. The record supports that Ms. Maldonado misrepresented herself as a medical doctor and failed to adequately identify herself as an attorney. As a result, we find there is clear and convincing evidence that Ms. Maldonado violated Rule 8.4(c) and we overrule her exceptions.

Sanction

In this matter, the hearing judge found and we affirmed violations of both unauthorized practice of law and intentionally dishonest misconduct. For either of these violations individually, “this Court has repeatedly ordered disbarment absent compelling extenuating circumstances.” Attorney Grievance Comm’n v. Ghatt, 461 Md. 228, 277 (2018). “Conduct ‘involving dishonesty, fraud, or deceit, carries the risk of the ultimate sanction by this Court.’” Attorney Grievance Comm’n v. Keiner, 421 Md. 492, 523 (2011)
(quoting Attorney Grievance Comm’n v. White, 354 Md. 346, 366 (1999)). “In unauthorized practice of law cases, ‘we primarily consider[ ] factors of deterrence, whether the respondent’s conduct was willful and deliberate, and whether the respondent cooperated with Bar Counsel’s investigations.”’ Attorney Grievance Comm’n v. Shephard,  444 Md. 299, 339 (2015) (quoting Attorney Grievance Comm’n v. Shryock, 408 Md. 105, 126 (2009)).

Video of oral argument linked here. 

There are a number of cases where the District of Columbia has imposed a lesser sanction as reciprocal discipline for Maryland matters.

In one of my cases, Maryland increased the sanction imposed in D.C. 

Notably here

Among the factors for mitigation, the hearing judge found that Ms. Maldonado had no public disciplinary record in any jurisdiction. Further, that she had an outstanding reputation as an experienced practitioner of toxic torts and mold litigation. Bar Counsel does not except to these findings.

If effectively represented, I think there is an excellent chance that she will receive a lesser sanction as reciprocal discipline in D.C. (Mike Frisch)