ATTORNEY GRIEV. COMM'N OF MARYLAND v. Manning

COLE, Judge. Philip Manning is before us for the second time charged with violation of various disciplinary rules. The first occasion involved four charges of neglect which we resolved on January 19, 1990, by imposing a sanction of indefinite suspension with the right to apply for reinstatement within 90 days. This second Petition for Disciplinary Action also concerns four charges of neglect which the Attorney Grievance Com ⁶⁹⁹ mission investigated.

We referred this matter to the Honorable Howard S. Chasanow, then of the Circuit Court for Prince George’s County, (who also conducted the proceeding for the first charges) for findings of facts and conclusions of law. We set forth those findings and conclusions as follows: FINDINGS OF FACT In September, 1985, Elizabeth Caulkins retained the Respondent to represent her in securing a divorce. In June, 1987, testimony was taken before a judge to support an uncontested divorce in Ms. Caulkins’ case. After the hearing, the judge instructed the Respondent to prepare and file a Second Amended Complaint on Ms. Caulkins’ behalf so that the pleadings would reflect the resolution of all contested issues.

The Respondent prepared and had Ms. Caulkins execute the Second Amended Complaint, but he never filed it. After June, 1987, Ms. Caulkins made numerous telephone calls to Respondent’s office, but Respondent failed to keep Ms. Caulkins apprised of the status of her case and also failed to take reasonable efforts to finalize the divorce. Ms. Caulkins terminated the Respondent’s representation on or about August 9, 1988, and she retained and paid other counsel to represent her. Ms. Caulkins’ husband eventually obtained a divorce by default on his counter-complaint on or about September 24, 1988.

The Respondent knowingly failed to respond to Bar Counsel’s request for information in connection with Ms. Caulkins’ complaint. In January, 1986, Juliette B. Flora retained the Respondent to represent her in connection with claims arising out of injuries she sustained in a slip and fall accident which occurred in the laundry room of her apartment house in August, 1985. The Respondent did not communicate with the management, the owner(s) of the apart ⁷⁰⁰ ment house, or the insurance carrier for the apartment house about Ms. Flora’s claim or his representation of her. The Respondent failed to secure any information from the medical care providers who examined or treated Ms. Flora for her injuries.

The Respondent did write to Dr. William R. Leahy on April 2, 1988, enclosing a fee of $25.00 for the preparation of a medical report, but the Respondent never followed up, and he never received a medical report from Dr. Leahy. The Respondent substantially failed to communicate with Ms. Flora about her case, and she terminated his representation on May 25, 1988. The Respondent knowingly failed to respond to Bar Counsel’s request for information in connection with Ms. Flora’s complaint. In March, 1988, Linda C. Kean and her husband, James R. Kean, retained the Respondent to re-draw their Wills, which several years before had been drafted by Respondent, but had been lost by the Keans.

The Keans paid the Respondent $72.00 for redrawing their wills. On March 21, 1988, the Keans executed their wills in the Respondent’s office, and the Respondent indicated that he would deposit the wills with the Register of Wills for Howard County and that he would send the Keans copies of their executed wills. In May, 1988 the Respondent falsely represented to Ms. Kean that the wills had been deposited, and he assured her that he would send her copies of the wills. The Respondent failed to deposit the wills and failed to send copies of the executed wills to the Keans.

After May, 1988, the Respondent failed to communicate with the Keans, and failed to reply to letters or return numerous telephone calls directed to the Respondent’s office by Ms. Kean. In October, 1988, the Keans retained and paid another attorney to redraft the wills. The Respondent failed to respond to Bar Counsel’s requests for information in connection with Ms. Kean’s complaint. In May, 1988, Bruce P. MacDonald retained the Respondent to incorporate a business in Maryland.

The Respon ⁷⁰¹ dent was paid a fee of $250.00, and he promptly prepared Articles of Incorporation, which were duly executed. A delay of ten (10) weeks ensued before the Articles of Incorporation were accepted by the Maryland State Department of Assessments and Taxation, due primarily to the Respondent’s insistence that a post office box would suffice as a corporate and/or resident agent address. The Respondent failed to request State and Federal tax identification numbers on behalf of Mr. MacDonald despite his agreement to do so, and he failed to supply Mr. MacDonald with a copy of the approved Articles of Incorporation despite his agreement to do so. The Respondent also failed to communicate with Mr. MacDonald despite Mr. MacDonald’s numerous attempts to reach the Respondent.

The Respondent knowingly failed to respond to Bar Counsel’s requests for information in connection with Mr. MacDonald’s complaint. CONCLUSIONS OF LAW The Respondent violated Rules 1.3 and 1.4 of the Rules of Professional Conduct in his representation of Elizabeth A. Caulkins. The Respondent’s failure to file a Second Amended Complaint and make reasonable efforts to finalize Ms. Caulkins’ divorce during the year following the uncontested divorce hearing violated Rule 1.3. The Respondent’s failure to communicate with Ms. Caulkins on the status of her case or to return her numerous telephone calls after June, 1987 violated Rule 1.4.

During the Respondent’s representation of Juliette B. Flora he consistently failed to take substantive action to pursue her claim. The Respondent’s failure to inform the owner, management, or the insurance carrier of the claim at any time prior to January 1, 1987, demonstrated violations of DR 6-101(A)(3) and DR 7-101(A)(l), (2), (3) of the Code of Professional Responsibility. The Respondent’s continued failure to communicate with any of the parties that may be liable for Ms. Flora’s injuries, and the Respondent’s failure to keep Ms. Flora reasonably informed ⁷⁰² subsequent to January 1, 1987 demonstrated the Respondent’s violations of Rules 1.3 and 1.4 of the Rules of Professional Conduct. The Respondent violated Rules 1.3, 1.4, and 8.4(c) in connection with the Keans’ wills.

The Respondent violated Rule 8.4(c) of the Rules of Professional Conduct when he falsely represented to Ms. Kean that the wills had been deposited with the Register of Wills. The Respondent’s failure to deposit the wills, and his failure to send the Keans copies of their executed wills despite his representation that he would do so, shows a lack of reasonable diligence and promptness on the part of the Respondent in violation of Rule 1.3. After May, 1988, the Respondent’s