ADKINS, J.
The Attorney Grievance Commission of Maryland ("AGC"), acting through Bar Counsel, filed two Petitions for Disciplinary or Remedial Action ("petitions") against Respondent Tamara Renee Good ("Good") on August 28, 2014 and January 7, 2015. Bar Counsel charged Good with violating the Maryland Lawyers' Rules of Professional Conduct ("MLRPC") in her capacity as a representative of Blaine A. White, Jeanne P. Delaney, Joseph A. Chester, III, Eriss Tubman, Cynthia Lewis, and Paul D. Newman. Specifically, Bar Counsel alleged that Good violated the following rules: (1) MLRPC 1.1 (Competence); (2) MLRPC 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer); (3) MLRPC 1.3 (Diligence); (4) MLRPC 1.4 (Communication); (5) MLRPC 1.5 (Fees); (6) MLRPC 1.15 (Safekeeping Property); (7) MLRPC 1.16 (Declining or Terminating Representation); (8) MLRPC 8.1 (Bar Admission and Disciplinary Matters); and (9) MLRPC 8.4 (Misconduct). In addition,
Pursuant to Maryland Rule 16-752(a), we referred the petitions to the Honorable Nancy M. Purpura ("hearing judge") of the Circuit Court for Baltimore County to conduct an evidentiary hearing and make findings of fact and conclusions of law. Good did not attend the hearings conducted on April 2, 2015 and August 21, 2015. Following the hearings, Judge Purpura issued findings of fact and conclusions of law, in which she found by clear and convincing evidence that Good violated MLRPC 1.1; MLRPC 1.2(a); MLRPC 1.3; MLRPC 1.4(a) and (b); MLRPC 1.5(a); MLRPC 1.15(a), (c), and (d); MLRPC 1.16(d); MLRPC 8.1(b); MLRPC 8.4(a), (c), and (d); and § 10-306 of the Maryland Code, Business Occupations and Professions Article. Neither Bar Counsel nor Good filed exceptions to the hearing judge's findings of fact or conclusions of law. Good did not appear before us for oral argument as to sanction. We issued a per curiam order on November 6, 2015, disbarring Good immediately from the practice of law. We now explain the reasons for that order.
Tamara Good was admitted to the Maryland Bar on December 17, 2008, and maintained a practice in Towson, Maryland. Because the petitions here arose out of six separate client complaints, we set forth the hearing judge's factual findings pertaining to each client complaint.
Before retaining Good, Blaine A. White and Virlynn D. Atkinson-White ("Mr. and Mrs. White") failed to make three months of mortgage payments to their mortgage lender, J.P. Morgan Chase Bank, NA ("Chase"). In May 2012, Mr. and Mrs. White retained Good to file a lawsuit against Chase. Mr. and Mrs. White paid Good a $500 retainer fee. In December 2012, Good filed a lawsuit against Chase in the United States District Court for the District of Maryland and the timeline of events as found by the hearing judge followed:
In June 2013, Good emailed Mr. White advising him that she was awaiting the court's opinion. Shortly thereafter, Mr. White emailed Good requesting a status update. Later that month, the federal
Mr. and Mrs. White were unable to reach Good and obtain status updates regarding their case. Mr. and Mrs. White "repeatedly" attempted to telephone Good during the summer of 2013, but she did not return their phone calls. Mr. and Mrs. White also emailed Good in October and November 2013 requesting a status update of their case, but Good did not respond to these requests. The hearing judge found that despite the Whites' telephone calls and emails, Good "failed to inform Mr. and Mrs. White that their case was dismissed or file additional pleadings on their behalf."
In June 2010, Jeanne Delaney retained Good to file a bankruptcy petition on her behalf. During Delaney's initial meeting with Good, she provided Good with a check in the amount of $1,329.00 for legal services. Good's "total attorney's fees for Ms. Delaney's case, including the plan payments and the initial payment of $1,329.00 totaled $4,904.00."
After this meeting, the hearing judge found that:
In October 2012, Joseph Chester retained Good to file a bankruptcy petition with the United States Bankruptcy Court, District of Maryland. Chester is retired from the United States Postal Service and currently suffers from scleroderma and arthritis. Chester paid Good a total of $1,481 in attorney's fees.
After filing a bankruptcy petition on behalf of Chester, Good telephoned Chester at 11:00 A.M. on October 15, 2013 to inform him that he needed to be present at a hearing at the bankruptcy court at 2:00 P.M. on the same day. Prior to October 15, 2013, Chester had not been provided sufficient notice that his presence was necessary at the bankruptcy court.
On October 17, 2013, the bankruptcy judge issued an order denying confirmation of the plan with leave to amend. The order required that an amended plan be filed on or before November 4, 2013. Good told Chester that she would be filing an amended plan before November 4, 2013. After receiving a copy of the bankruptcy court's order, Chester contacted Good "repeatedly" to remind her of the court's denying confirmation of the plan. Nonetheless, Good failed to respond to Chester's phone calls. Good then failed to file an
At Good's disciplinary hearing, Chester testified that she failed to pursue his bankruptcy to its conclusion. The hearing judge found that "[Good's] inaction resulted in the near dismissal" of Chester's bankruptcy until his new attorney began handling the matter.
In May 2010, Eriss Tubman retained Good to file a bankruptcy petition on her behalf. In June 2013, Tubman met with Good and gave her $1,271 to begin the preparation of the bankruptcy petition. Tubman paid $1,671 in total attorney's fees and filing fees for the bankruptcy. In September 2013, Good informed Tubman that she was having family problems that prevented her from filing the bankruptcy petition. Later that month, Good filed the petition.
After the petition was filed, Tubman attended the meeting of creditors in October 2013. Good contacted Tubman in November 2013 and told her that she did not have to attend the confirmation hearing later that month. Tubman then attempted to contact Good on several occasions over a nine month period, but Good did not reply to these voicemail requests for information. In June 2014, Tubman sent Good a termination letter informing her that she had "called her several times a month since our last face to face meeting which was with the creditors" and wrote that their last telephone conversation had been on November 11, 2013. Tubman also filed a complaint with the Attorney Grievance Commission in June 2014.
Bar Counsel sent Good two letters in July 2014 regarding Tubman's complaint, but Good never replied to either of these letters. In September 2014, Good filed a motion to withdraw with the bankruptcy court. Good, however, did not provide Tubman with notice that she was withdrawing from her case.
Good met with Cynthia Lewis in 2012 to discuss Lewis's legal options related to her financial situation. In September 2013, Good filed a bankruptcy petition on behalf of Lewis. Lewis agreed to pay Good $3,000 in attorney's fees and filing fees under the retainer agreement. Lewis attended the meeting of creditors in October 2013 and her repayment plan was confirmed by the bankruptcy court in December 2013.
The hearing judge found that "[Good] failed to respond to Ms. Lewis's requests for information concerning her case." In June 2014, Lewis sent Good a letter regarding the status of her bankruptcy case and sent a second letter regarding Good's lack of communication. Good did not respond to either of these letters. In addition, the U.S. bankruptcy trustee wrote to Lewis that she had been unable to contact Good. Lewis was unable to retain new counsel for her bankruptcy matter because of her financial situation.
During AGC's investigation of Lewis's complaint, Good was similarly unresponsive:
In March 2009, Paul Newman, a disabled retiree, retained Good to file a patent application with the United States Patent and Trademark Office ("USPTO") and paid $2,500 in total attorney's fees.
In September 2014, Bar Counsel sent Good two letters notifying her of Newman's complaint, but she failed to respond to either of these letters. Notably, the hearing judge also found that Good has neither provided Newman a refund of attorney's fees for the patent application nor returned copies of his original drawings.
From the facts of the six complaints, the hearing judge concluded that Good violated MLRPC 1.1; 1.2(a); 1.3; 1.4(a) and (b); 1.5(a); 1.15(a), (c), and (d); 1.16(d); 8.1(b); and 8.4(a), (c), and (d). The hearing judge also decided that Good violated § 10-306 of the Maryland Code, Business Occupations and Professions Article.
MLRPC 1.1 requires that an attorney provide competent representation. As to Blaine White's complaint, the hearing judge found that "[Good] failed to accomplish what she was hired for: to complete the prosecution of [] White's [sic] case against Chase." The judge concluded that Good's failure to file a second amended complaint after the district judge granted Chase's motion to dismiss constituted a lack of thoroughness and supported a violation of Rule 1.1.
The judge also determined that Good failed to provide competent representation of Joseph Chester when she failed to file an amended plan, which "largely led" to the dismissal of Chester's bankruptcy proceeding. The judge stated that this "inaction" violated Rule 1.1.
Regarding the complaints of Eriss Tubman, Cynthia Lewis, and Paul Newman, the hearing judge wrote:
MLRPC 1.2(a) requires that an attorney abide by a client's decisions concerning the objectives of the representation and, when appropriate, consult with the client as to the means by which those objectives are to be pursued. Addressing Blaine White's complaint, the hearing judge concluded that Good violated Rule 1.2(a) when she failed to "fully prosecute the White's [sic] case with their informed consent." The judge also found a violation of Rule 1.2(a) when Good failed to file papers seeking discharge for Jeanne Delaney in her bankruptcy proceeding. In addition, the hearing judge determined that Good violated Rule 1.2(a) when she failed to file an amended petition on behalf of Joseph Chester after he "repeatedly asked" her to do so. The judge wrote that Good "continually ignored [Chester's] entreaties to assist him" and that this conduct supported a violation of Rule 1.2(a).
The hearing judge concluded that Good's failure "to fully execute her clients' objectives" and her actions while representing
MLRPC 1.3 stipulates that a "lawyer shall act with reasonable diligence and promptness in representing a client." The hearing judge concluded that Good's failure to file a response to Chase's motion to dismiss within the time specified by the court, failure to respond to Chase's motion for sanctions, and failure to inform the Whites that they had leave to file a second amended complaint before she "abandon[ed]" their case constituted a violation of Rule 1.3. The judge determined that Good also violated Rule 1.3 when she failed to file papers seeking discharge, which "could have resulted in the dismissal" of Jeanne Delaney's bankruptcy.
Further, the hearing judge found that Good failed to represent Joseph Chester with reasonable diligence and promptness when she failed to file an amended plan as ordered by the bankruptcy court, which resulted in the dismissal of Chester's bankruptcy. The judge also concluded that Good violated Rule 1.3 when she initially filed bankruptcy petitions on behalf of Eriss Tubman and Cynthia Lewis but "failed to complete the representation." Finally, the judge cited Good's deficient representation of Paul Newman in his patent application as another violation of Rule 1.3.
MLRPC 1.4 mandates that attorneys communicate with their clients. The hearing judge identified many instances in which Good failed to act in accordance with this rule. As to the complaint of Blaine White, the judge concluded that Good violated Rule 1.4 "by failing to respond to both Mr. and Mrs. White's separate requests for information regarding their case." The judge explained that "Mr. and Mrs. White frequently contacted [Good], but she failed to respond to any of their phone calls or emails." Additionally, the judge concluded that Good's failure to "communicate to her clients that there was a need to file a [s]econd [a]mended [c]omplaint" supported a finding of a Rule 1.4 violation.
The judge also concluded that Good violated Rule 1.4 when she "failed to return [Jeanne] Delaney's phone calls regarding requests for updates concerning her case."
MLRPC 1.5(a) provides that a "lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses." Regarding the complaint of Blaine White, the hearing judge concluded Good violated Rule 1.5 and explained:
The judge also concluded that Good violated Rule 1.5 while representing Jeanne Delaney. The judge reasoned that Good was paid $4,904 to complete Delaney's bankruptcy yet "failed to perform the legal services for which she was retained and therefore was not entitled to the entire $4,904.00 fee." As to Joseph Chester's complaint, the judge stated that Good's "failure to pursue [Chester's bankruptcy] to its conclusion resulted in her obtaining an excessive fee" and concluded that this violated Rule 1.5.
Additionally, the hearing judge concluded that Good violated Rule 1.5 in her representation of Eriss Tubman, Cynthia Lewis, and Paul Newman. The judge cited our recognition that fees charged when little or no work is performed are unreasonable fees under Rule 1.5(a) and offered the following support for her conclusion:
MLRPC 1.15 requires attorneys to maintain their clients' property in safekeeping. The hearing judge found that Good "initially provided records of transactions" for Blaine White, but after June 2013, "failed to provide any information related to the safekeeping of Mr. and Mrs. White's funds." Likewise, the judge concluded that Good violated Rule 1.15 when, in late 2013, she "failed to provide any information related to the safekeeping of [Joseph] Chester's funds" despite initially providing records of transactions for Chester.
Regarding the complaints of Eriss Tubman, Cynthia Lewis, and Paul Newman, the judge concluded that Good violated Rule 1.15(a), (c), and (d). The judge wrote:
MLRPC 1.16 requires attorneys to protect their clients' interests when declining or terminating representation. The hearing judge determined that Good violated Rule 1.16(d) when she failed to return client files to Eriss Tubman, Cynthia Lewis, and Paul Newman. Specifically, the judge highlighted Good's failure to return Newman's original drawings related to his patent application. The judge also identified Good's failure "to notify Ms. Tubman that she was withdrawing from her bankruptcy case, prior to filing a Motion to Withdraw" in concluding that Good violated Rule 1.16(d).
MLRPC 8.1 prohibits attorneys from failing to respond to inquiries for information from a disciplinary authority. The hearing judge concluded that Good violated Rule 8.1(b) when she "failed to respond to any of Bar Counsel's letters related to the complaints filed by [Eriss] Tubman, [Cynthia] Lewis, and [Paul] Newman."
MLRPC 8.4 provides in part:
The hearing judge concluded that Good's violations of the MLRPC in representing Blaine White, Jeanne Delaney, Joseph Chester, Eriss Tubman, Cynthia Lewis, and Paul Newman established a violation of Rule 8.4(a).
The judge determined that Good violated Rule 8.4(c) and (d) when she failed to
In addition, the judge concluded that Good's promising to file an amended plan on Joseph Chester's behalf but failing to do so constituted a violation of Rule 8.4(c). The judge also concluded that Good violated Rule 8.4(d) when she "fail[ed] to prosecute" Chester's bankruptcy and noted that the "negligent handling" of this matter resulted in the dismissal of Chester's bankruptcy.
Regarding the complaints of Eriss Tubman, Cynthia Lewis, and Paul Newman, the hearing judge found that:
Section 10-306 of the Maryland Code, Business Occupations and Professions Article provides that a "lawyer may not use trust money for any purpose other than the purpose for which the trust money is entrusted to the lawyer." The hearing judge concluded that Good violated § 10-306 in her handling of unearned attorney's fees in the Eriss Tubman, Cynthia Lewis, and Paul Newman matters. The judge explained that:
As we recently explained:
Att'y Grievance Comm'n v. Tanko, 427 Md. 15, 27-28, 45 A.3d 281, 288 (2012).
Neither Good nor Bar Counsel notes any exceptions to the hearing judge's findings of fact or conclusions of law. Thus, we shall accept the hearing judge's "findings of fact as established for the purpose of determining appropriate sanctions." Md. Rule 16-759(b)(2)(A). In addition, based upon our review without deference to the hearing judge's conclusions of law, we agree that Good violated the following MLRPC provisions: Rule 1.1; Rule 1.2(a); Rule 1.3; Rule 1.4(a) and (b); Rule 1.5(a); Rule 1.15(a), (c), and (d); Rule 1.16(d); Rule 8.1(b); and Rule 8.4(a), (c), and (d). We also agree that Good violated § 10-306 of the Maryland Code, Business Occupations and Professions Article.
As a general principle, when a lawyer is found to have engaged in misconduct, this Court sanctions the lawyer not to punish the lawyer, but to protect the public and to maintain confidence in the legal profession. Att'y Grievance Comm'n v. Greenleaf, 438 Md. 151, 163, 91 A.3d 1066, 1073 (2014). In attorney discipline cases, the appropriate sanction depends on the facts and circumstances of each case, including our assessment of aggravating and mitigating factors promulgated by the American Bar Association. Att'y Grievance Comm'n v. Coppock, 432 Md. 629, 648, 69 A.3d 1092, 1102 (2013). We also keep in mind that sanctions should be "commensurate with the nature and gravity of the violations and the intent with which they were committed." Att'y Grievance Comm'n v. Stein, 373 Md. 531, 537, 819 A.2d 372, 375 (2003).
Here, Bar Counsel recommends that Good be disbarred. In its Recommendation for Sanction, Bar Counsel directs the Court's attention to five aggravating factors found in Standard 9.22 of the American Bar Association's Compendium of Professional Responsibility Rules and Standards.
When determining the appropriate sanction, we must also consider any mitigating factors. Att'y Grievance Comm'n v. Roberts, 394 Md. 137, 165, 904 A.2d 557, 574 (2006) ("The appropriate sanction depends on the facts and circumstances of each case, including any mitigating factors."); see Coppock, 432 Md. at 648, 69 A.3d at 1102. The hearing judge in this proceeding found no mitigating factors, and there is no reason to upset that finding. See Att'y Grievance Comm'n v. West, 378 Md. 395, 411, 836 A.2d 588, 597 (2003) ("On review, we keep in mind that the findings of the trial judge are prima facie correct and will not be disturbed unless clearly erroneous.").
Pertaining to Good's failure to communicate with her clients, her egregious abandonment of client cases, her repeated ignoring of clients' requests for status updates, and her failure to return unearned fees as well as original design drawings in a patent application matter, we are guided by our holding in Attorney Grievance Commission v. Heung Sik Park, 427 Md. 180, 46 A.3d 1153 (2012). In that case, we held that:
Id. at 196, 46 A.3d at 1162. Good's conduct while representing Blaine White, Jeanne Delaney, Joseph Chester, Eriss Tubman, Cynthia Lewis, and Paul Newman fits well within the dictates of Park.
Accordingly, we conclude that disbarment is the appropriate sanction. For this reason, we entered the November 6, 2015 per curiam order disbarring Tamara Renee Good.
American Bar Association, Compendium of Professional Responsibility Rules and Standards, Standards for Imposing Lawyer Sanctions § 9.22 (1992).
