AttorneyGrievances.com

About the Author

Glenn T. Harrell, Jr.

Glenn T. Harrell, Jr.

Retired Judge, Court of Appeals of Maryland

ATTORNEY GRIEVANCE COMM'N v. RAND (Rand I)

Issue: Does an attorney's failure to return mental health records pursuant to a confidentiality agreement and to respond to opposing counsel's letters demanding these records amount to a violation of disciplinary rules?

Holding: Although the lawyer's failure to return mental health records or to respond to opposing counsel's correspondence was not praiseworthy, such actions did not prejudice the administration of justice so as to violate the Rules of Professional Conduct. Hence, the disciplinary complaint was dismissed.

Alleged Violations: Rules 4.4(a) (Respect for Rights of Third Persons); and 8.4(a) and (d) (Misconduct)

Citation: 411 Md. 83, 981 A.2d 1234 (2009)