Attorney Grievance Commission v. Powers

ORDER This matter came before the Court on the Joint Petition of the Attorney Grievance Commission of Maryland and Respondent, Van S. Powers. The Court having considered the Petition, it is this 12th day of October, 2000, ORDERED, that Respondent, Van S. Powers, be and is hereby indefinitely suspended from the practice of law in the State of Maryland, effective immediately; and it is further, ORDERED, that the Respondent shall file notices of withdrawal as of the effective date of this suspension in every ²²⁵ pending matter before any court, agency or tribunal in which his appearance is entered as counsel; and it is further, ORDERED, that the Respondent shall resign as of the effective date of this suspension all appointments as guardian, executor, administrator, trustee, attorney-in-fact and other fiduciary positions; and it is further, ORDERED, that the Respondent shall provide notices by certified mail, return receipt requested, to all clients, heirs, and beneficiaries that he is indefinitely suspended; that he is disqualified from acting as a lawyer after the effective date of the indefinite suspension; and that, if not represented by co-counsel, the client, ward or beneficiary shall act promptly to substitute another lawyer, fiduciary or to seek legal advice elsewhere and drawing attention to any urgency arising from the circumstances of the case; and it is further ORDERED, that the Respondent shall provide in pending matters in which his appearance is entered notice to counsel for all other parties (or, in the absence of counsel, the parties) that he has been indefinitely suspended and, as a consequence, is disqualified from acting as a lawyer after the effective date of the indefinite suspension; and it is further, ORDERED, the Respondent shall make available to all clients being represented in pending matters any papers or property which they are entitled, calling attention to any urgency for obtaining the papers or property; and it is further, ORDERED, that Respondent shall refund the appropriate amounts of any fees paid in advance that have not been earned; and it is further, ORDERED, that Respondent shall close every IOLTA, clients’ funds, attorney trust or any fiduciary account and properly disburse or otherwise transfer all client and fiduciary funds in his possession, custody or control; and it is further ORDERED, that within ten (10) days after the date of entry of this Order, the Respondent shall file with Bar Counsel an Affidavit certifying that he has fully complied with the ²²⁶ provisions of this Order. Appended to the Affidavit of compliance shall be: a. Copy of each former notice, a list of the names and addresses of all clients, wards, heirs, beneficiaries, attorneys, courts and agencies to whom and which notices were sent, and all return receipts and returned mail received up to the date of the Affidavit.

Supplemental Affidavits shall be filed covering subsequent return receipts and returned mail. Such names and