Attorney Grievance Commission v. Agiliga

GREENE, J. The Attorney Grievance Commission of Maryland, the petitioner, acting pursuant to Maryland Rule 16-751, 1 filed a Petition For Disciplinary Or Remedial Action against Alexander N. Agiliga, the respondent, in which it alleged that the respondent violated Maryland Rules of Professional Conduct (MRPC) 1.1 (Competence), 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 1.15 (Safekeeping Property), 1.16 (Declining or Terminating Representation), 5.5 (Unauthorized Practice of Law), and 8.4 (Misconduct). Bar Counsel also alleged that the respondent violated Maryland Rules 16-603 (Duty to Maintain Trust Account), 16-604 (Trust Account—Required Deposits), and 16-609 (Prohibited Transactions), as well as Maryland Code (2000, 2010 Repl.Vol.) § 10-306 of the Business Occupations and Professions Article (Misuse of Trust Money). We referred the case, pursuant to Rule 16-752(a), to the Honorable Maureen Lamasney, of the Circuit Court for Prince George’s County, for a hearing pursuant to Rule 16-757(c) to make findings of fact and recommend conclusions of law. Judge Lamasney held a hearing on February 22, 2011, and issued Findings of Fact and Conclusions of Law on March 24, 2011.

She found by clear and convincing evidence that the ⁶¹⁵ respondent had violated MRPC 1.1, 1.3, 1.15(a), (d), and (e), 1.16(d), 5.5(a) and (b), 8.4(b), (c), and (d), Maryland Rules 16-603, 16-604, and 16-609, and Section 10-306 of the Business Occupations and Professions Article. Judge Lamasney submitted the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT AND CONCLUSIONS OF LAW The respondent, Alexander Agiliga, was admitted to the Bar of Maryland on June 23, 1993. On October 30, 2008 he was decertified from the practice of law for failing to file a report concerning his pro bono services.

On April 6, 2009 he was suspended from the practice of law because he failed to pay his assessment from the Client Security Trust Fund. This petition concerns four cases handled by the petitioner. All allegations concerning the case of Juliet Williams were withdrawn by the Attorney Grievance Commission immediately prior to the hearing. Elizabeth Sarumi retained the respondent for her personal injury claim and was treated by Prime Care Chiropractic.

According to the testimony and records of the Office Manager of that business, Patrice Johnson, Ms. Sarumifs] total bills were $3225.00. Geico paid $1883.37 directly to Prime Care Chiropractic, leaving a balance of $1341.51. The respondent signed a medical assignment, agreeing to pay Prime Care Chiropractic out of any settlement. There is no dispute the case settled; despite that, Prime Care Chiropractic was not paid and has yet to be paid.

Six “patient status letters” were sent to the respondent without response. The respondent has no records regarding the amount of settlement or any other recollection concerning this case. A second client, Janay Perry, who also had a personal injury claim, was treated by Prime Care Chiropractic. Once again a Doctor’s lien was signed; once again the case was settled and once again no payment was received from the respondent.

Seven letters were sent to him regarding Ms. Perry. No response was received. The unpaid balance ⁶¹⁶ regarding Janay Perry is $2080.00. The respondent has no records pertaining to this case, including the amount of settlement.

Ablavi Amegee and Koffivi Adedze Doglan retained the respondent together for their personal injury case. Heidi Riggs testified as the Office Manager for Riggs Chiropractic Clinic, where they received treatment. In that case, Ms. Riggs accepted partial payment and no money is owed to the Riggs Clinic. While their case settled in November 2008, payment was not made to the clients until March 2009.

The respondent testified that all of the above omissions were caused by his own dire financial situation. He was “locked out” of his law office and had no access to his files or his mail. Once he obtained access, he reviewed his files and resolved them appropriately. He further agreed that he did not maintain an escrow account, but had a “business” account separate from his personal one.

He also acknowledged that he was decertified and suspended for failing to file a pro bono report and to contribute to the Client Security Trust Fund. These lapses occurred because the mail did not reach him due to the office “lock out” and he corrected the situation as soon as possible. The Court finds by clear and convincing evidence that the respondent violated the following rules of the Maryland Rules of Professional Conduct: Rule 1.1. Competence A lawyer shall provide competent representation to a client.

Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. The respondent failed to maintain records concerning the cases of Janay Perry and Elizabeth Sarumi. Minimal records exist regarding Ablavi Amegee and Koffivi Adedze Doglan. Secondly, he failed to pay the money owed to Riggs Chiropractic and Prime Care Chiropractic. ⁶¹⁷ Thirdly, he failed to keep an escrow account, leaving client funds vulnerable to garnishment during his personal financial crisis.

Rule 1.3. Diligence A lawyer shall act with reasonable diligence and promptness in representing a client. The respondent failed to disburse settlement funds to Amegee and Doglan for at least three months, and has not yet paid the Health Care providers. Furthermore, he did not respond to their inquiries nor maintain a current address with them.

Rule 1.4 Rule 1.5 Both applied only to the Williams matter. These allegations were withdrawn before the hearing. Rule 1.15. Safekeeping Property (a) A lawyer shall hold property of clients or third persons that is in a lawyer’s possession in connection with a representation separate from the lawyer’s own property.

Funds shall be kept in a separate account maintained pursuant to Title 16, Chapter 600 of the Maryland Rules, and records shall be created and maintained in accordance with the Rules in that Chapter. Other property shall be identified specifically as such and appropriately safeguarded, and records of its receipt and distribution shall be created and maintained. Complete records of the account funds and of other property shall be kept by the lawyer and shall be preserved for a period of at least five years after the date the record was created. (c) Unless the client gives informed consent, confirmed in writing, to a different arrangement, a lawyer shall deposit legal fees and expenses that have been paid in advance into a client trust account and may withdraw those funds for the lawyer’s own benefit only as fees are earned or expenses incurred.

(d) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall ⁶¹⁸ promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall deliver promptly to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall render promptly a full accounting regarding such property. (e) When a lawyer in the course of representing a client is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall distribute promptly all portions of the property as to which the interests are not in dispute. [With respect to] Rule 1[.] 15 a) the respondent freely concedes that he failed to maintain an escrow account; c) the allegation was withdrawn; d) the respondent failed to notify the treatment providers in a prompt manner of the settlements of Perry and Sarumi and failed to promptly disburse funds to Amegee and Doglan; and e) the respondent failed to maintain the funds separately to which Prime Care Chiropractic was entitled in both the Perry and Sarumi cases.

Rule 1.16 Declining or Terminating Representation (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law. The respondent failed to disburse the money due to Amegee and Doglan for an unreasonable length of time after the case had settled. ⁶¹⁹ Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law. (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shall not: (1) except as authorized by the[se] Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction. The respondent continued to practice law while decertified and suspended. Rule 8.4 Misconduct It is professional misconduct for a lawyer to: (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice. § 10-306. Misuse of trust money.

Business Occupations and Professions Article, Ann.Code of Maryland A lawyer may not use trust money for any purpose other than the purpose for which the trust money is entrusted to the lawyer. Maryland Rule 16-603. Trust Account-Duty to Maintain Account. An attorney or the attorney’s law firm shall maintain one or more attorney trust accounts for the deposit of funds received from any source for the intended benefit of clients or third persons.

The account or accounts shall be maintained in this State, in the District of Columbia, or in a state contiguous to this State, and shall be with an ⁶²⁰