WATTS, J.
This attorney discipline proceeding concerns a Maryland attorney who "robo-signed" a large number of documents in foreclosure filings.
George Jacob Geesing ("Geesing"), Respondent, a member of the Bar of Maryland, routinely authorized two non-lawyer members of the staff of what is now BWW Law Group, LLC ("BWW Law") to sign his name on documents-including affidavits-in foreclosure filings. Geesing instructed the staff members (who were also notaries public) to notarize the affidavits, even though he had not signed them. After learning of allegations that the affidavits had been falsely notarized, Geesing reported himself to the Attorney Grievance Commission of Maryland ("the Commission"), Petitioner.
On September 6, 2012, in this Court, Bar Counsel filed a "Petition for Disciplinary or Remedial Action" against Geesing, charging him with violating Maryland Lawyers' Rules of Professional Conduct ("MLRPC") 3.3 (Candor Toward the Tribunal), 5.1 (Responsibilities of Partners,
On September 13, 2012, we referred this attorney discipline proceeding to the Honorable Louise G. Scrivener ("the hearing judge") of the Circuit Court for Montgomery County. On March 3, 2013, the hearing judge conducted a hearing. On April 2, 2013, the hearing judge filed, in this Court, an opinion including findings of fact and concluding that Geesing violated MLRPC 3.3(a)(1), 5.3(a), 8.4(a), and 8.4(d), but did not violate 8.4(c).
On October 31, 2013, we heard oral argument. For the below reasons, we suspend Geesing from the practice of law in Maryland for ninety days.
In her opinion, the hearing judge found the following facts,
On December 15, 1988, this Court admitted Geesing to the Bar of Maryland. On April 1, 1996, Geesing co-founded a law firm called Bierman & Geesing, LLC, which is now BWW Law. In August 2008, Geesing began managing BWW Law's foreclosure practice in Maryland. Since then, Geesing has been the attorney of record in all of BWW Law's foreclosure filings.
Typically, members of BWW Law other than Geesing prepared documents to be included in foreclosure filings. Geesing reviewed all such documents for accuracy. Routinely, Geesing authorized one of two non-lawyer members of BWW Law's staff to sign his name on the documents, including affidavits. Geesing instructed the staff members (who were also notaries public) to notarize the affidavits, even though he had not signed them. Geesing believed that, because he adopted the signatures as his own, it was legal to authorize the staff members to sign documents in foreclosure filings. Between August 2008 and November 2009, the two members of BWW Law's staff signed Geesing's name on nearly every document in BWW Law's foreclosure filings.
In November 2009, in five foreclosure actions in which BWW Law represented the mortgagees, the mortgagors filed motions to stay or dismiss. The mortgagors alleged that the affidavits in BWW Law's foreclosure filings were: (1) falsely notarized; and (2) not signed by Geesing. Within two days of receiving the five motions to stay or dismiss, Geesing met with a lawyer who had experience in representing lawyers in attorney discipline proceedings. After the meeting with the lawyer, Geesing no longer believed that it was legal to authorize the staff members to sign documents in foreclosure filings. Through the lawyer, Geesing reported himself to the Commission.
On November 18, 2009, Geesing e-mailed every member of BWW Law's staff, stating that he would no longer robo-sign, i.e., authorize others to sign and notarize his name on documents in foreclosure filings. Since then, BWW Law has banned robo-signing, as stated in BWW Law's current employee handbook.
Geesing informed the mortgagees of the motions to stay or dismiss. Geesing recommended that the mortgagees allow BWW Law — at its own expense — to dismiss the
Geesing identified approximately 2,500 open foreclosure actions in which BWW Law represented the mortgagees. Geesing contacted each mortgagee to recommend that the mortgagee allow BWW Law — at its own expense — to file a "corrective affidavit" in which Geesing averred that he did not sign the documents in the foreclosure filing, but that the documents in the foreclosure filing were otherwise substantively accurate. Geesing informed the Commission of his plan to file corrective affidavits. The mortgagees consented to Geesing's plan, and — from November 2009 through March 2010, at a total cost of approximately $140,000 — BWW Law filed corrective affidavits in all open foreclosure actions in which BWW Law represented the mortgagees.
After BWW Law filed the corrective affidavits, most circuit courts ratified the foreclosure sales without requiring further action. However, several circuit courts ordered Geesing to replace the documents that he had not signed. Geesing complied with all such orders, and the foreclosure actions proceeded.
In two foreclosure actions in which BWW Law represented the mortgagees, the mortgagors raised on appeal the issue of whether the robo-signing invalidated the ratification of the foreclosure sales. In one foreclosure action, the Court of Special Appeals remanded to a circuit court for a hearing on exceptions to the foreclosure sale without addressing the merits of the robo-signing issue. The circuit court denied the exceptions, and the Court of Special Appeals affirmed the denial of the exceptions. In the other foreclosure action, the Court of Special Appeals affirmed the ratification of the foreclosure sale. This Court granted certiorari; however, before this Court issued an opinion, the mortgagee voluntarily dismissed the foreclosure action for reasons that were unrelated to the robo-signing.
Certain mortgagors filed several lawsuits arising out of the robo-signing against Geesing and BWW Law. For example, on October 13, 2010, in the United States District Court for the District of Maryland, certain mortgagors sued Geesing and others for various causes of action arising out of the robo-signing. See Stewart v. Bierman, 859 F.Supp.2d 754, 757 (D.Md.2012), aff'd sub nom. Lembach v. Bierman, 528 Fed.Appx. 297 (4th Cir.2013) (unreported). On May 8, 2012, the United States District Court for the District of Maryland dismissed the action for failure to state a claim. See Stewart, 859 F.Supp.2d at 770. The mortgagors appealed, and on June 12, 2013, the United States Court of Appeals for the Fourth Circuit affirmed the dismissal. See Lembach, 528 Fed.Appx. at 299-300.
Geesing has no prior disciplinary record. Geesing authorized the staff members to sign his name on documents in foreclosure filings because he wanted to expedite services to mortgagees, not because of a dishonest or selfish motive. Once Geesing no longer believed that it was legal to authorize the staff members to sign documents in foreclosure filings, Geesing made timely good-faith efforts to rectify the consequences of his misconduct. By reporting
Neither party excepts to the hearing judge's findings of fact; thus, we "treat the findings of fact as established[.]" Md. R. 16-759(b)(2)(A). We "review de novo the [hearing] judge's conclusions of law." Md. R. 16-759(b)(1).
Bar Counsel does not except to any of the hearing judge's conclusions of law.
Geesing contends that he did not violate MLRPC 3.3(a)(1) because he made false statements to tribunals negligently, not knowingly. The Commission responds that Geesing violated MLRPC 3.3(a)(1) by filing affidavits that he knew to have been falsely notarized.
"A lawyer shall not knowingly[] make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer[.]" MLRPC 3.3(a)(1).
Here, clear and convincing evidence supports the hearing judge's conclusion that Geesing violated MLRPC 3.3(a)(1). Routinely, Geesing authorized one of two members of BWW Law's staff to sign his name on documents — including affidavits — in foreclosure filings. Geesing instructed the staff members (who were also notaries public) to notarize the affidavits, even though he had not signed them. A notary public properly notarizes a document only if the document is signed in the notary public's presence. See Md.Code Regs. ("COMAR") 01.02.08.02A(2) ("To take an acknowledgment, a notary shall... [o]bserve the signing of the document[.]").
We reject Geesing's contention that he did not knowingly make false statements of fact. It is true that Geesing believed that, because he adopted the signatures as his own, it was legal to authorize the staff members to sign documents in foreclosure filings. However, as the hearing judge noted, Geesing had no reason to believe that a notary public could properly notarize a document that was not signed in the notary public's presence. Thus, by filing falsely notarized affidavits in circuit courts, Geesing falsely represented to the circuit courts that the affidavits had been properly notarized.
MLRPC 5.3(a) states:
Here, clear and convincing evidence supports the hearing judge's conclusion that Geesing violated MLRPC 5.3(a).
"It is professional misconduct for a lawyer to ... engage in conduct that is prejudicial to the administration of justice[.]" MLRPC 8.4(d). "In general, a[ lawyer] violates [MLRPC] 8.4(d) when his or her conduct impacts negatively the public's perception or efficacy of the courts or legal profession." Attorney Grievance Comm'n v. Dore, 433 Md. 685, 696, 73 A.3d 161, 167 (2013) (citation and internal quotation marks omitted).
Here, clear and convincing evidence supports the hearing judge's conclusion that Geesing violated MLRPC 8.4(d). As the hearing judge noted, "[Geesing]'s actions reflect adversely on the public's perception of the legal profession in that [they] demonstrate[] a pattern of falsity and a cavalier attitude regarding the function and purpose of the notary attestation." As proof of the negative impact that Geesing's misconduct had on the public's perception of the legal profession, Geesing's misconduct: (1) caused significant media coverage; (2) prompted certain mortgagors to file several lawsuits arising out of the robo-signing against Geesing and BWW Law; (3) caused three mortgagees (who had contributed one-fifth of BWW Law's foreclosure practice in Maryland) to end BWW Law's representation; and (4) prompted Geesing to encourage his partners to remove his name from BWW Law's title. Additionally, as proof of the negative impact that Geesing's misconduct had on the
"It is professional misconduct for a lawyer to[] violate or attempt to violate the [MLRPC], knowingly assist or induce another to do so, or do so through the acts of another[.]" MLRPC 8.4(a).
Here, clear and convincing evidence supports the hearing judge's conclusion that Geesing violated MLRPC 8.4(a). As discussed above, Geesing violated MLRPC 3.3(a)(1), 5.3(a), and 8.4(d).
Bar Counsel recommends that we suspend Geesing from the practice of law in Maryland for ninety days.
In Dore, 433 Md. at 717, 73 A.3d at 180, this Court stated:
(Second alteration in original) (citations and internal quotation marks omitted).
As to the nature of the ethical duty violated, by "robo-signing" a large number of documents — including falsely notarized affidavits — in foreclosure filings, Geesing: (1) made false statements of fact to tribunals; (2) instructed non-lawyer members of BWW Law's staff to engage in conduct that was incompatible with Geesing's professional obligations; and (3) engaged in conduct that negatively impacted the efficacy of the courts and the public's perception of the legal profession.
As to Geesing's mental state, Geesing filed affidavits that he knew to have been falsely notarized. Although Geesing believed that it was legal to authorize the staff members to sign documents in foreclosure filings, he had no reason to believe that a notary public could properly notarize a document that was not signed in the notary public's presence.
As to the actual or potential injury that Geesing's misconduct caused, Geesing's misconduct negatively impacted the efficacy and efficient operation of the courts and
We note two aggravating factors: (1) Geesing showed "a pattern of misconduct" by authorizing signatures in at least 2,500 foreclosure actions over the course of fifteen months;
The following constitute mitigating factors:
Dore, 433 Md. at 720, 73 A.3d at 181 (citation and internal quotation marks omitted).
Here, the hearing judge found seven mitigating factors. First, Geesing has no prior disciplinary record. Second, Geesing authorized the staff members to sign his name on documents in foreclosure filings because he wanted to expedite services to mortgagees, not because of a dishonest or selfish motive. Third, once Geesing no longer believed that it was legal to authorize the staff members to sign documents in foreclosure filings, Geesing made timely good-faith efforts to rectify the consequences of his misconduct. Fourth, by reporting himself to the Commission, Geesing engaged in full and free disclosure to the Commission; additionally, Geesing agreed to submit joint proposed findings of fact, and otherwise showed a cooperative attitude toward the proceedings before the hearing judge. Fifth, the hearing judge found that Geesing's "good character has led him to help those in need while protecting the interests of his clients." Sixth, as to imposition of other penalties, Geesing's misconduct: (1) cost BWW Law approximately $152,500; (2) caused significant media coverage; (3) caused three mortgagees (who had contributed one-fifth of BWW Law's foreclosure practice in Maryland) to end BWW Law's representation; and (4) prompted Geesing to encourage his partners to remove his name from BWW Law's title. Seventh, Geesing showed remorse for his misconduct, not merely because of this attorney disciplinary proceeding, but mainly because he dishonored his profession and disappointed his partners and his family, and because others may view the judicial process negatively as a result of his misconduct.
In Dore, 433 Md. at 727, 689, 722, 73 A.3d at 185, 163, 183, this Court suspended a lawyer from the practice of law in Maryland for ninety days where the lawyer "authorized his employees to sign his name on" "hundreds, if not thousands," of affidavits in foreclosure filings. This Court noted that the lawyer "was at least grossly negligent" in doing so, id. at 719, 73 A.3d at 181 (citation, footnote, and internal quotation marks omitted), as the lawyer could not have reasonably believed that "it is a
Id. at 726-27, 73 A.3d at 185 (emphasis added).
Here, we conclude that the appropriate sanction is to suspend Geesing from the practice of law in Maryland for ninety days. Under Dore, id. at 727, 73 A.3d at 185, a ninety-day suspension from the practice of law in Maryland is the appropriate sanction where: (1) a lawyer "robo-signs" a large number of documents — including falsely notarized affidavits — in foreclosure filings; and (2) there are several mitigating factors, including (a) "the absence of a prior disciplinary record"; (b) "the absence of a dishonest or selfish motive"; (c) "timely good-faith efforts to make restitution or to rectify consequences of misconduct"; (d) "full disclosure ... to the [Commission] and [] cooperation and participation in the [attorney] disciplin[e] proceeding"; (e) "good character and reputation"; (f) "remorse"; and (g) "significant press coverage of the issue and [] considerable time and effort that [the lawyer] and [the lawyer's] firm [] spent correcting the problem[.]" Id. at at 720, 73 A.3d at 181-82.
For two reasons, we are unpersuaded by Geesing's attempt to distinguish Dore on the ground that — unlike the lawyer in Dore, id. at 727, 73 A.3d at 185 — he reviewed for accuracy all documents in foreclosure filings. First, both here and in Dore, aside from the allegations of robo-signing, there was no allegation that the lawyer filed any otherwise substantively inaccurate documents, see id. at 720, 73 A.3d at 181; nonetheless, the lawyer's "robo-signing" caused "great" "injury to the public in general ... both in terms of the negative image accorded the profession as a whole and the more tangible effect on the courts' day-to-day operations." Id. at 719, 73 A.3d at 181. Thus, it is a distinction without a difference that Geesing reviewed the documents in foreclosure filings for accuracy. Second, both here and in Dore — regardless of the affidavits' substance — the lawyer filed affidavits that the
For the above reasons, we suspend Geesing from the practice of law in Maryland for ninety days. The suspension shall begin thirty days after the date on which this opinion is filed.
ADKINS, J., concurs and dissents.
ADKINS, J., concurring and dissenting.
I concur with the majority opinion except with respect to its rejection of the distinction drawn by Respondent that, in contrast to Mr. Dore, he testified, and the hearing judge found, that he reviewed each affidavit before his staff person signed his name. In Attorney Grievance Comm'n of Maryland v. Dore, there was no such testimony. 433 Md. 685, 73 A.3d 161 (2013). Although both attorneys violated the same Rules of Professional Conduct, in my view, Geesing's conduct was less culpable. When a lawyer reviews each affidavit and approves its specific content, the lawyer knows the substance, including exact detail, of what will be presented to the court as his oath. This differs qualitatively, in my view, from Dore's more general delegation to non-lawyer office staff to sign his name on affidavits to be filed in court.
Nevertheless, given the high volume of these flawed mortgage affidavits, and the negative impact on the legal profession caused by public perception of the Bar as having a cavalier attitude towards the very serious responsibility of filing affidavits in foreclosure actions, I would suspend Geesing for 60 days.