About the Author

Robert N. McDonald

Robert N. McDonald

Judge, Court of Appeals of Maryland

ATTORNEY GRIEVANCE COMM'N v. YATES

Issue: What sanction should the Court impose upon an attorney who failed to file or to pay state and federal income taxes over an extended period of time as a result of significant personal and financial problems?

Holding: Although the Court found that the failure to file or to pay taxes over a seven year period constituted (1) a criminal act that reflected adversely on the attorney’s fitness as an attorney, (2) dishonesty, and (3) conduct prejudicial to the administration of justice, such mitigating factors as his cooperation with Bar Counsel, his good faith efforts to rectify his misconduct, his payment of most of the back taxes, interest and penalties owed, his remorse, and his good character and reputation as an attorney prompted a more lenient 60-day suspension.

Alleged Violations: Maryland Attorneys' Rules of Professional Conduct Rules ("MARPC") 19-308.4(a)-(d) (formerly Maryland Lawyers’ Rules of Professional Conduct 8.4(a)-(d)); Maryland Rules 19-742(e), 19-752(j)(11).

Citation: Misc. Docket AG No. 53

  • 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 Irwin R. Kramer 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