About the Author

Michele D. Hotten

Michele D. Hotten

Judge, Court of Appeals of Maryland


Issue: What sanction should the Court impose upon an attorney who , while serving as lead counsel for a plaintiff in a trade secrets infringement suit in New York, instructed a first-year associate to "mark-up" deposition transcripts and claim them as attorney work product; knowingly made false statements to mislead the court as to these events; and made copies and ordered additional copies of deposition transcripts for use in another matter, in contravention of court confidentiality orders. Respondent engaged in conduct involving repeated intentional dishonesty, misrepresentations, and deceit?

Holding: Imposing a harsher sanction than the seven-year suspension imposed by the United States District Court for the Southern District of New York, the Court believed that the attorney's dishonesty warranted disbarment..

Alleged Violations: Maryland Lawyers' Rules of Professional Conduct ("MLRPC") Maryland Rules 16-751 (petition for disciplinary or remedial action) and 16-773 (reciprocal discipline or inactive status).

Citation: 447 Md. 520 (2016)