About the Author

Clayton Greene, Jr.

Clayton Greene, Jr.

Judge, Court of Appeals of Maryland


Issue: What sanction should the Court impose upon an attorney appointed as personal representative of an estate who failed to make timely filings or to attend hearings and who failed to comply with court orders to turn over all estate property to her successor after being terminated?

Holding: Not only did this lawyer fail to perform competent, meaningful, or complete legal services, she exacerbated the situation by repeatedly failing to turn over the estate property to the successor personal representative, even after the Orphans’ Court found her to be in contempt and levied fines against her. Although the hearing judge did not find her actions dishonest or motivated by greed, the seriousness of this misconduct warrants the imposition of an indefinite suspension.

Alleged Violations: Maryland Lawyers' Rules of Professional Conduct ("MLRPC") 1.1 (Competence), 1.2(a) (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.3 (Diligence), 1.16(a) and (d) (Declining or Terminating Representation), 3.2 (Expediting Litigation), 3.4(a) and (c) (fairness to opposing party and counsel), and 8.4(a) and (d) (misconduct).

Citation:   445 Md. 82 (2015)