The Content Of His Character

The Maryland Court of Appeals found a number of ethics rule violations in an attorney’s mishandling of an estate but rejected Bar Counsel’s call for an indefinite suspension with the right to reapply after six months in favor of a public reprimand.

Turns out good deeds count for something

We agree with Mr. Brooks that a reprimand is the appropriate sanction under the facts and circumstances of this case. While ordinarily a suspension in some form would be the sanction in a case like this, we believe that the mitigating factors in this case warrant the lesser sanction of a reprimand. While Mr. Brooks’s handling of the Estate involved a number of errors, he did not act with a dishonest or selfish motive. In addition, he expressed  significant remorse for his errors. Throughout Bar Counsel’s investigation, Mr. Brooks was fully cooperative and did not impede the investigation in any way.

Moreover, Mr. Brooks’s contributions to the community through his pro bono legal service and his other volunteer efforts have been exceptional. The hearing judge found that Mr. Brooks possesses an “exceptionally good reputation in the legal community and in the community at large.” Chief Judge Garrett, retired Chief Judge Wanda Keyes Heard of the Circuit Court for Baltimore City, UMBC President Dr. Freeman Hrabowski, and fellow attorneys and other community leaders all attested to Mr. Brooks’s excellent character and outstanding service, work, and efforts in support of the Baltimore City and Baltimore County communities.

Although Mr. Brooks’s restitution to the Estate was not sufficiently timely to qualify as an independent mitigating factor, this remedial measure also sheds light on his character. If Mr. Brooks were a dishonest or selfish person, we doubt that he would have consulted Chief Judge Garrett for a second opinion after receiving Mr. Stelmack’s expert opinion. Immediately upon receiving Chief Judge Garrett’s opinion, Mr. Brooks refunded the $860 to the Estate with interest. Indeed, as noted above, Mr. Brooks apparently overpaid the Estate in the refund by double-counting his second $60 withdrawal of Estate funds and paying interest on that $60 twice. This seems to be another example of carelessness on Mr. Brooks’s part. In this instance, Mr. Brooks’s carelessness resulted in a small financial loss
to himself. This reinforces our impression that Mr. Brooks approaches his professional obligations in good faith but needs to do so with greater care and attention to detail.

Judge Biran authored the unanimous opinion.

Video of oral argument linked here. (Mike Frisch)