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Court of Appeals

Per Curiam [No Specific Judge]

ATTORNEY GRIEVANCE COMM'N v. ZEIGER

Issue: When an attorney served as the administrator of his late father’s estate under an appointment by another state's probate court, sought the production of a will that he suspected his stepmother was concealing, delayed estate administration until the will was produced, and did not otherwise engage in dishonest, fraudulent, or deceitful conduct, is the lawyer guilty of professional misconduct?

Holding: Absent any dishonest, fraudulent, or deceitful conduct, there was not clear and convincing evidence of professional misconduct when an attorney, acting on his own behalf, filed incomplete forms in the probate court of another state in an effort to be appointed administrator of his late father’s estate so that he could “smoke out" a will that he suspected his stepmother might be concealing, and delayed estate administration until the will was produced.

Alleged Violations: Maryland Rules of Professional Conduct 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation) and 8.4(d) (conduct prejudicial to the administration of justice).

Citation: 428 Md. 546, 53 A.3d 332 (2012)