About the Author

Clayton Greene, Jr.

Clayton Greene, Jr.

Judge, Court of Appeals of Maryland

ATTORNEY GRIEVANCE COMM'N v. MERKLE

Issue: Where a hearing judge's factual findings were not clearly erroneous and he did not abuse his discretion in concluding that the attorney complied with the Maryland Lawyers' Rules of Professional Conduct, should the Court impose any sanction?

Holding: The hearing judge determined that the attorney involved did not violate the Maryland Lawyers’ Rules of Professional Conduct. The findings of fact were not clearly erroneous and the hearing judge did not abuse his discretion in applying the law to the facts as he found them to be. Accordingly, where no rules of professional responsibility were violated, the appropriate outcome, under the circumstances, is dismissal of the Petition for Disciplinary or Remedial Action.

Alleged Violations: Maryland Lawyers' Rules of Professional Conduct 1.1 (Competence), 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.3 (Diligence), 1.4 (Communication), 1.6 (Confidentiality of Information), 7.3 (Direct Contact with Prospective Clients), and 8.4 (Misconduct).

Citation: 440 Md. 609 (2014)

  • Decided on .
Attorney Grievance defense attorney specializes in defending lawyers in disciplinary proceedings before the Maryland Attorney Grievance Commission and the D.C. Bar's Board on Professional Responsibility involving professional misconduct, legal ethics, disbarment, suspensions of law licenses, petitions for disciplinary action, reprimands and sanctions for unethical conduct. If you receive a letter from Bar Counsel Lydia Lawless, Disciplinary Counsel Hamilton Fox, or from any attorney disciplinary board in Maryland or the District of Columbia, retain experienced attorneys with expertise in lawyer discipline and breach of ethics cases to avoid sanctions for professional misconduct. We help lawyers avoid disbarment, suspension, reprimands, censure and informal admonitions by drafting responses to client grievances and ethical complaints; representing lawyers in peer reviews, evidentiary hearings, and oral arguments before the BPR and the Court of Appeals; filing petitions to reinstate an attorney's license to practice law; conducting law firm ethical compliance audits; and drafting legal ethics opinions to protect lawyers from ethics charges. In many cases, disciplinary proceedings may be dismissed, dismissed with a warning, or result in a conditional diversion agreement with Bar Counsel to rectify misconduct. Lawyers may need help in managing their law firm attorney escrow IOLTA trust account and complying with attorney trust accounting rules to avoid charges of ethical misconduct. Do not represent yourself in responding to an attorney grievance, law firm client complaint, or other allegation of ethical impropriety. Attorney grievance defense counsel may help you comply with legal ethics rules, avoid sanctions like suspension or disbarment, and avoid future attorney grievances.

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By The Lawyer's Lawyers | Kramer & Connolly and  who are responsible for the content of this informational website.   This website is designed for lawyers faced with attorney grievances. As cases do differ, past performance does not guarantee future results.
 

NOT AFFILIATED WITH THE ATTORNEY GRIEVANCE COMMISSION OF MARYLAND
OR THE BOARD ON PROFESSIONAL RESPONSIBILITY OF THE D.C. BAR