No Mitigation Where Respondent Fails To Appear For Hearing

A recently-admitted attorney who defaulted on charges has been indefinitely suspended by the Maryland Supreme Court

Respondent was admitted to the Maryland Bar in December 2019 and maintained an office for the practice of law in Washington, D.C., until sometime in 2021 when he closed that office due to hardships caused by the COVID-19 pandemic.

The client in a custody matter had filed a bar complaint

After Mr. McGilvrey filed a complaint with the Commission, Bar Counsel emailed Respondent on July 12, 2021, requesting a written response by July 27. Respondent replied on July 27, misrepresenting the scope of the work he performed for Mr. McGilvrey and claiming—without evidence—that his fees associated with the contempt matter exceeded the $2,500 Mr. McGilvrey paid. Thus, according to Respondent, Mr. McGilvrey was not owed a refund.

By an August 10 email, Bar Counsel requested within 14 days additional information from Respondent. Respondent did not comply, so Bar Counsel again sent its request on September 8 (via email and certified first-class mail), requesting a reply by September 22. Respondent replied that same day, indicating that he was in California, would be back in Maryland the following week, and, at that point, would review Bar Counsel’s request. On September 29, Respondent provided incomplete responses and failed to provide any of the documents requested by Bar Counsel. Based on what little information Respondent did provide, however, the hearing judge found that Respondent knowingly and intentionally misrepresented to Bar Counsel that he never sent the January 6 email to Mr. McGilvrey.

The danger of non-partiipation

Because Respondent did not participate in the disciplinary process or appear for the disciplinary hearing, the hearing judge found that Respondent did not prove by a preponderance of the evidence any mitigating factor. We agree. The burden allocated to Respondent to prove any applicable mitigation necessarily contemplates, at the very least, appearance at and involvement in the evidentiary hearing.

(Mike Frisch)