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In re Roxborough6/7/2001
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33. Bar Counsel had prepared a petition in this matter that was before a Hearing Committee when the Court ordered in Roxborough I that Respondent be suspended with a requirement to show fitness before reinstatement. BX 18.
b. Roxborough/Bar Counsel, Bar Docket No. 453-94
34. In March 1991, Petitioner was retained for $2,500 to represent Mr. LeRoy Allen in an employment matter in the United States Court of Appeals for the Federal Circuit. BX 17 at 2, 19 at 1. At the time that Petitioner noted his client's appeal, he was not a member of the bar of the Federal Circuit. Id.
35. On April 17, 1991 and again on July 31, 1991, the court dismissed the client's petition for failure to prosecute, based upon Petitioner's failure to file appropriate pleadings. BX 17 at 2, 19 at 2.
36. On September 24, 1991, Petitioner's partner forwarded a copy of a brief to the client for review and comment, without informing the client that the case had been dismissed several months earlier. BX 17 at 2, 19 at 3. The client contacted Petitioner on several occasions to inquire about the status of his case, but neither Petitioner nor his partner advised the client that the case had been dismissed. Id. On August 22, 1991, the court dismissed Petitioner's motion to reinstate the case. BX 17 at 2.
37. The matter was petitioned by Bar Counsel. BX 19.
38. Petitioner testified that he would agree to restitution in the amount of $2,500 to this client. Tr. III 8.
c. Roxborough/Humbles, Bar Docket No. 64-95
39. On August 5, 1993, Petitioner was retained to handle a matter involving a proposed sale of property jointly owned by his client and the client's brother. BX 17 at 2, 20 at 1-2. Petitioner failed to appear at a hearing on behalf of his client. BX 17 at 2, 20 at 3. Thereafter, Petitioner failed to respond to a motion for attorney's fees filed by opposing counsel or to oppose a motion to compel settlement. Id.
40. A court order dated January 20, 1995 noted that settlement of the client's matter was unopposed, but in fact Petitioner's client had not consented to the settlement. BX 17 at 2, 20 at 3. Petitioner also failed to file a response to opposing counsel's amended motion for attorney's fees. BX 17 at 2, 20 at 4. As a result, the client was ordered to pay opposing counsel's attorney's fees. BX 17 at 2-3, 20 at 4.
41. Bar Counsel petitioned this matter. BX 20.
d. Roxborough/Hughes, Bar Docket No. 136-96
42. On January 3, 1996, Petitioner was retained to handle a wrongful-termination matter. He failed to provide his client a written retainer agreement. BX 17 at 3, 21. After Petitioner accepted a retainer fee of $250, he failed to file his client's complaint or to communicate with his client. Id.
1. This matter had not been petitioned by Bar Counsel.
Unadjudicated Acts of Misconduct Occurring Subsequent to Entry of the Court's Order of Suspension in Roxborough I
e. Roxborough/Bar Counsel, Bar Docket No. 342-97
44. Henry J. Brothers, Esquire, was retained to represent Industrial Bank of Washington ("IBW") in connection with a construction loan to Rufus Stancil, Delores Stancil and Hasselrig Construction Company. Burrell Hasselrig was the company's representative. BX 28, 30. Petitioner was identified as legal counsel for the Stancils and Mr. Hasselrig. Id.
45. On July 18, 1997, Mr. Brothers received a fax from Willie Faye Hearring Garrett, Esquire, in which Ms. Garrett explained that Petitioner was on inactive status from the Maryland Bar. BX 28 at 2-3. Ms. Garrett also asked that Mr. Brothers deal with Petitio
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