Raising questions "about the appearance of impropriety" on the part of its top ethics official, the Supreme Court of Maryland asked whether Bar Counsel used her official position "to undermine ... a candidate in a Judicial election."
The Lawyer's Lawyer
Lawyers Helping Lawyers Avoid the Perils of Professional Discipline
How far will justices of the Supreme Court of Maryland go to protect their colleagues from the criticism of lawyers appearing before them?
Rejecting Bar Counsel's demand for disbarment, the Court found that the lawyer's misguided attempt to respect the last wishes of her client merited leniency in a case which proves that even the best of us make mistakes.
As one law professor wrote, this oral "argument delve[d] into the philosophy of attorney regulation and the appropriate role of disciplinary counsel in a way that few cases do."
Bar Counsel wanted to suspend him. The Court wanted him to continue serving his community where "his pro bono legal service and his other volunteer efforts have been exceptional."
Unlike Oliver Wendell Douglas in Greenacres, Bar Counsel wasn't laughing when this Maryland lawyer bought the farm.
Rejecting Bar Counsel's call for an indefinite suspension, a five-judge majority imposed a 60-day suspension on a lawyer whose search for a mentor misfired.
Despite three prior sanctions, including a prior suspension for similar misconduct, a five-judge majority rejected Bar Counsel's call for disbarment in a case involving the negligent mismanagement of client funds.
Finding Bar Counsel's call for an indefinite suspension too "extreme," the Court imposed a more modest moratorium on a lawyer with an unblemished record in close to 50 years of practice.
The Court only suspended him for 60 days. But rather than support a timely reinstatement, Bar Counsel strongly opposed his return to practice after 878 days.