Attorney Grievance Commission v. Nichols

PER CURIAM. The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for Disciplinary Action against Zane Gray Nichols, alleging violations of the Code of Professional Responsibility. We referred the matter, pursuant to Maryland Rule BV9 b, to Judge James C. Cawood, Jr., Associate Judge of the Circuit Court for Anne Arundel County, to make findings of fact and’conclusions of law. Judge Cawood found that the Respondent had accepted retainer fees from two clients but completely neglected to act on their behalf; that he misrepresented to each of them the status of their cases; and that he thereby violated DR 1-102 (Misconduct), DR 2-110 (Withdrawal from Employment), DR 6-101 (Failing to Act Competently), and DR 7-101 (Representing a Client Zealously).

Judge Cawood also found that the Respondent suffered from alcoholism; that, as to the misconduct charged in the disciplinary petition, the violations were proximately caused by the Respondent’s alcoholism; that Respondent had ceased drinking and is presently receiving intensive counseling for his alcoholism; that he has been in communication with Richard Vincent, Director of the Lawyer’s Counseling Program of the Maryland State Bar Association; that he is attending Alcoholics Anonymous on a daily basis; and that he is now practicing with an experienced practitioner. Respondent took no exceptions to Judge Cawood’s findings. Bar Counsel has recommended that Respondent be indefinitely suspended from the practice of law without prejudice to his right to apply for reinstatement, subject to the following conditions: ¹⁷⁴ 1. He shall participate in such activities as may be prescribed from time to time