Attorney Grievance Commission v. Brugh

WILNER, Judge. The Attorney Grievance Commission (AGC) filed a petition against respondent, Mark Patrick Brugh, alleging, in three separate cases, the violations of several rules of professional conduct. In accordance with Maryland Rule 16-709(b), we referred the petition to Judge Fred A. Thayer, recalled from retirement, to conduct a hearing and to make findings of fact and proposed conclusions of law. After a hearing held on October 7, 1998, at which respondent was represented by counsel, Judge Thayer prepared and filed his findings and conclusions.

The complaint common to all three cases is that respondent accepted employment and a retainer fee and then neglected the matter and failed to communicate with his client. Respondent did not contest the underlying facts. In January, 1997, he was retained by Randy Turner in a paternity action. Mr. Turner paid respondent $3,000.

Respondent prepared a complaint for custody but never filed it. He accepted service on behalf of Mr. Turner of petitions for paternity, custody, and child support but never sent them to Mr. Turner and never filed a response to them. He failed to advise the client about the status of the case and to return the client’s telephone calls. In April, 1997, Mr. Turner terminated the representation.

Respondent failed to return either the $3,000 fee or Mr. Turner’s complete file. In May, 1996, respondent was retained by Ms. Stacie Grogin to represent her in a divorce action. Ms. Grogin paid respondent a total of $1,900, in three installments. In September, ⁴⁷⁷ 1996, respondent entered his appearance for Ms. Grogin by filing an answer and counter-complaint.

He failed, however, to answer interrogatories filed in January, 1997, a motion for sanctions filed in February, 1997, or an amended complaint and motion for summary judgment also filed in February, 1997. As a result, Ms. Grogin was prohibited from introducing as evidence any information requested in the interrogatories and, eventually, the motion for summary judgment was granted. Respondent failed to advise Ms. Grogin about the status of her case and failed to respond to her attempts to contact him from December, 1996 through April, 1997. In April, Ms. Grogin terminated the representation and requested a refund.

None of the $1,900 has been refunded. In January, 1997, Curtis Clopper retained respondent to represent him in a divorce matter. He paid respondent $620—a fee of $500, a $90 filing fee, and a $30 service of process fee. Respondent prepared a complaint but never filed it.

He also failed to respond to the many attempts made by Mr. Clopper and his family to contact him. In May, 1997, Mr. Clopper terminated the representation. Respondent refunded the $120 advanced as a filing and service of process fee, but he did not repay any part of the $500 attorney’s fee. Respondent was admitted to the Maryland Bar in 1990 and commenced practice in Washington County.

In 1994, he opened a solo practice. From 1991 through 1996, respondent taught two courses at Hagerstown Community College. He was able to handle his teaching assignments successfully. Although he was able to provide representation to some clients on a selective basis, he “became overwhelmed in solo private practice.” He was unable to keep a secretary for any significant period of time; mail was left unopened and telephone calls went unanswered.

He “avoided his clients, often either sitting in the office with the lights turned off and the door locked or merely driving around Hagerstown aimlessly.” Judge Thayer found no concrete evidence of alcohol or substance abuse. Respondent did have marital problems, however. He had been having an extramarital affair since November, 1996, and, in June 1997, he and his wife separated. ⁴⁷⁸ Respondent was evaluated by three psychiatrists. Dr. Tellefson opined that he suffered from an “adjustment disorder in the early months of 1997,” based on stressful events occurring in 1996, principally the downturn in his practice.

She did not believe that he suffered from a major depression. She said that, although he had difficulty at times functioning as an attorney, it was not a complete dysfunction, as he continued to provide service to some clients and was able to continue teaching and maintain social contacts. Dr. Wagner diagnosed “depressive disorder NOS” (not otherwise specified). Dr. Fawaz opined that respondent had “major depression, severe, in full to partial remission.” On this conflicting evidence, Judge Thayer found that respondent suffered from an adjustment disorder not amounting to a major depression, from mid-1996 until mid-1997, and that, “while the dysfunction