Maryland Sanctions False Statements

The Maryland Court of Appeals has disbarred an attorney for making false statements to her client and in Bar Counsel’s investigation of the client’s complaint concerning the handling of an adoption matter.

The client had desired that the adoption process be completed for her impending wedding.

It was not.

The hearing judge’s conclusions

Ms. Miller violated MARPC 8.1(a) in several ways: (i) misrepresenting to Bar Counsel that she sent monthly invoices to R.W.; (2) providing Bar Counsel with an altered retainer agreement; and (3) falsifying the timesheet she submitted to Bar Counsel. Similarly, Ms. Miller violated MARPC 8.1(b) by failing to comply with all of Bar Counsel’s lawful requests for documentation. Ms. Miller violated MARPC 8.4(a), because she violated other provisions of the MARPC. Additionally, the hearing judge concluded that Ms. Miller violated MARPC 8.4(c) when she misrepresented to R.W. that she had filed the petition for adoption, misrepresented to R.W. that she had filed a motion to waive home study, misled R.W. as to the status of the adoption proceedings, provided R.W. with a falsified invoice dated October 26, 2016, and through her failure to comply with MARPC 8.1(a) throughout Bar Counsel’s investigation. The hearing judge also concluded that Ms. Miller violated MARPC 8.4(d), because her conduct, in its entirety, brought the legal profession into disrepute.

The court overruled the attorney’s numerous exceptions to the findings and conclusions of the hearing judge.

The court also rejected post-traumatic stress as a mitigating factor

Before the hearing judge, two expert witnesses testified as to Ms. Miller’s mental infirmities: Ms. Tannen and Dr. Tellefsen. Their testimony revealed that Ms. Miller’s affliction does not rise to the “root cause” standard as required under Vanderlinde. Ms. Tannen testified that, in her professional opinion, Ms. Miller’s conditions did not render her unable to conform her conduct with the MARPC.

(Mike Frisch)