Attorney Grievance Commission of Maryland v. Harris11/6/2002
Headnote: Indefinite suspension is warranted for an attorney who violated MRPC 1.1, 1.3, 1.4(a) and (b), 1.5, 1.7, 1.8(a) and (j) and 8.4(a) in the representation of two clients.
Misc. Docket (Subtitle AG)
Dissenting Opinion by Harrell, J. in which Raker and Battaglia, JJ., join
On September 24, 2001, the Attorney Grievance Commission of Maryland, petitioner, by Melvin Hirshman, Bar Counsel, and Glenn M. Grossman, Deputy Bar Counsel, filed a petition for disciplinary action against Alan Edgar Harris, respondent, for multiple violations of the Maryland Rules of Professional Conduct (MRPC). The petition alleged that respondent, based on his representations of Emily Lewis and Preston Lawrence Henderson, had violated MRPC 1.1, 1.3, 1.4(a) and (b), 1.5(a), (b) and (c), 1.7(b) and (c), 1.8(a) and (j), 1.9(a) and (b), 3.2, and 8.4(a), (c) and (d).
On September 27, 2001, pursuant to Maryland Rule 16-752, this Court transmitted the matter to Judge Marcella A. Holland of the Circuit Court for Baltimore City to conduct a hearing and to make findings of fact and conclusions of law.
On March 1 and 4, 2002, an evidentiary hearing was held before the hearing judge. On June 17, 2002, Judge Holland issued her Memorandum of Findings of Fact and Conclusions of Law and found by clear and convincing evidence that respondent violated MRPC 1.1, 1.3, 1.4(a) and (b), 3.2 and 8.4(a) in the Lewis matter and MRPC 1.5, 1.7, 1.8(a) and (j), and 8.4(a) in the Henderson matter. The hearing judge further concluded that respondent did not violate MRPC 8.4(d) in the Lewis matter and did not violate MRPC 1.9 and 8.4(c) and (d) in the Henderson matter. The record was then transferred from the hearing judge to our Court for oral argument. Both petitioner and respondent, pursuant to former Maryland Rule 16-711(b)(2), filed with this Court exceptions to the hearing judge's Memorandum of Findings of Facts and Conclusions of Law.
I. Facts
Respondent was admitted to the Bar of Maryland on June 10, 1960 and maintains his practice of law in his office located in Baltimore City. The Petition for Disciplinary Action filed in this case was based on two complaints, BC Docket No. 2000-120-4-2, Complaint of Emily Lewis and BC Docket No. 2000-282-4-2, Complaint of Preston Lawrence Henderson. Judge Holland's Findings of Fact and Conclusions of Law are as follows:
"The testimony offered at the hearing together with the Exhibits received established by clear and convincing evidence the following facts pertinent to the Petition.
BACKGROUND FACTS
"Respondent is an attorney licensed to practice law in the State of Maryland since 1960. He is a solo practitioner with his principal office located at 110 Saint Paul Street, Baltimore, Maryland 21201. Respondent has represented between fifteen and twenty thousand clients in automobile negligence cases.
"Respondent was previously sanctioned for violation of the Maryland Rules of Professional Conduct. Respondent has also previously appeared before this court on January 25, 2001, for a hearing on a Petition for Disciplinary Action filed by the Attorney Grievance Commission. As a result of that hearing, Respondent was found to have violated Maryland Rules of Professional Conduct: 1.3, 1.4(a), 1.4(b), 1.16(a)(2) and 3.2.
"This Petition raises claims of misconduct by Respondent regarding his representation of two former clients, Emily Lewis and Preston Lawrence Henderson. Respondent represented Emily Lewis in the case of Lewis, et al. v. Mihialovici, et al; filed in the District Court of Maryland for Baltimore City on February 7, 1992, case number 470592. Respon
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