Attorney Grievance v. Armstrong

Attorney Grievance Comm’n v. Darryl Russel Armstrong, Misc. Docket AG No. 35, September Term, 2019 ATTORNEY DISCIPLINE – SANCTIONS – DISBARMENT – Court of Appeals disbarred lawyer who, among other misconduct, failed to take necessary and fundamental steps in cases, failed to respond to discovery, failed to appear at pre-trial conferences and hearings on behalf of clients, appeared at proceedings unprepared, abandoned representation of clients, failed to sufficiently and timely communicate with clients, failed to remit funds from clients’ settlements to pay outstanding medical bills, failed to deposit and maintain client and third-party funds in attorney trust account, failed to consult with clients or provide updates, charged fees and provided little to no legal services, entered into contingency fee arrangement but failed to memorialize agreement in writing signed by client, failed to provide settlement disbursement sheet to client, provided inaccurate settlement disbursement sheets to clients, deposited trust funds into account other than attorney trust account without clients’ informed consent, failed to promptly deliver settlement proceeds to clients and medical providers, failed to return unearned fees or to provide copies of files to clients, failed to respond to Attorney Grievance Commission’s requests for information, threatened to “blow up” building in which physical therapy facility that had filed complaint against him was located, made false statement of material fact to third party, intentionally misappropriated settlement proceeds owed to clients or medical providers for own personal use and benefit, made misrepresentations to clients and third parties, and fraudulently altered two checks. Such conduct violated Maryland Attorneys’ Rules of Professional Conduct (“MARPC”) 1.1 (Competence), 1.2(a) (Scope of Representation), 1.3 (Diligence), 1.4 (Communication), 1.5(a) (Unreasonable Fees), 1.5(c) (Contingent Fees), 1.15(a), (c), and (d) (Safekeeping Property), 1.16(d) (Terminating Representation), 3.4(d) (Fairness to Opposing Party and Attorney), 4.1(a)(1) (False Statement to Third Person), 8.1(b) (Failing to Respond to Lawful Demand for Information), 8.4(b) (Criminal Act), 8.4(c) (Dishonesty, Fraud, Deceit, or Misrepresentation), 8.4(d) (Conduct that is Prejudicial to Administration of Justice), and 8.4(a) (Violating MARPC), and Md. Code. Ann., Bus.

Occ. & Prof. (1989, 2010 Repl. Vol., 2017 Supp.) § 10-306 (Trust Money Restrictions). Circuit Court for Baltimore City Case No. 24-C-19-005273 Oral argument waived/submitted on papers IN THE COURT OF APPEALS OF MARYLAND Misc.

Docket AG No. 35 September Term, 2019 ______________________________________ ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. DARRYL RUSSEL ARMSTRONG ______________________________________ Barbera, C.J. McDonald Watts Hotten Getty Booth Biran, JJ. ______________________________________ Opinion by Watts, J. ______________________________________ Filed: December 21, 2020 Pursuant to Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic. Suzanne Johnson 2020-12-21 14:29-05:00 Suzanne C. Johnson, Clerk This attorney discipline proceeding involves an attorney who engaged in what can best be described as a one-man misconduct wave over the course of several years in connection with numerous client matters. The attorney, chief among various forms of serious misconduct, failed to competently and diligently represent his clients’ interests, failed to sufficiently and timely communicate with his clients, failed to refund unearned legal fees to clients, misappropriated funds for his own personal use, fraudulently altered checks, made misrepresentations or outright lied to clients and third parties, and threatened to “blow up” a building in which a physical therapy facility, whose owner had filed a complaint on behalf of the facility against him, was located. In this case, Darryl Russel Armstrong, Respondent, a member of the Bar of Maryland, represented eight clients in various civil and criminal matters and an immigration matter, and in addition represented several other clients who were injured in motor vehicle accidents and sought medical treatment at a physical therapy facility.

Six clients, two clients’ mothers, and the owner of the physical therapy facility filed complaints against Armstrong with Bar Counsel. On September 27, 2019, on behalf of the Attorney Grievance Commission, Petitioner, Bar Counsel filed in this Court a “Petition for Disciplinary or Remedial Action” against Armstrong, charging Respondent with violating Maryland Attorneys’ Rules of Professional Conduct (“MARPC”) 1.1 (Competence), 1.2(a) (Scope of Representation), 1.3 (Diligence), 1.4 (Communication), 1.5(a) (Unreasonable Fees), 1.5(c) (Contingent Fees), 1.15(a), (c), and (d) (Safekeeping Property), 1.16(d) (Terminating Representation), 3.4(c) and (d) (Fairness to Opposing Party and Attorney), 4.1(a)(1) (False Statement to Third Person), 8.1(b) (Failing to Respond to Lawful Demand for Information), 8.4(b) (Criminal Act), 8.4(c) (Dishonesty, Fraud, Deceit, or Misrepresentation), 8.4(d) (Conduct that is Prejudicial to the Administration of Justice), and 8.4(a) (Violating the MARPC), and Md. Code Ann., Bus. Occ. & Prof. (1989, 2010 Repl.

Vol., 2017 Supp.) (“BOP”) § 10- 306 (Trust Money Restrictions). On October 16, 2019, this Court designated the Honorable Robert K. Taylor, Jr. (“the hearing judge”) of the Circuit Court for Baltimore City to hear this attorney discipline proceeding. On February 12, 2020, Armstrong was personally served with this Court’s order, the petition, and a writ of summons. On March 6, 2020, Bar Counsel served Armstrong with a request for admissions of fact and genuineness of documents.

Because Armstrong did not file an answer to the petition, on March 11, 2020, Bar Counsel filed a motion for an order of default. Armstrong did not file an opposition to the motion. On May 21, 2020, the hearing judge issued an order of default. On June 3, 2020, a notice of the order of default was mailed to Armstrong.

Armstrong did not move to vacate the order of default. On June 29, 2020, the hearing judge scheduled a remote hearing1 for July 31, 2020, and a notice of the hearing date was mailed to Armstrong. On July 31, 2020, the hearing 1 On March 13, 2020, the Chief Judge of this Court issued an Administrative Order closing the courts to the public due to the COVID-19 emergency and designating certain mandatory matters to continue to be scheduled and heard either in person or remotely. Pursuant to an Administrative Order of June 3, 2020, the courts began a progressive resumption of judiciary operations including the scheduling and hearing of Attorney Grievance Commission matters, effective July 20, 2020, with the continued authorization to conduct remote proceedings. -2- judge conducted a remote hearing, at which Bar Counsel and Armstrong appeared.

Armstrong represented himself. At the hearing, Armstrong indicated that he did not oppose Bar Counsel’s proposed findings of fact and that he did not object to the order of default that had been entered against him. The hearing judge, without objection from Armstrong, deemed admitted the facts set forth in the request for admissions. At the hearing, Armstrong’s only request was to be permitted to present information regarding treatment for depression.

The hearing judge granted the request, and, after the hearing, Armstrong sent the hearing judge a copy of a letter from a psychiatrist that indicated the psychiatrist had been treating Armstrong. On September 14, 2020, the hearing judge filed in this Court an opinion including findings of fact and conclusions of law, concluding that Armstrong had violated MARPC 1.1, 1.2(a), 1.3, 1.4(a) and (b), 1.5(a), 1.5(c), 1.15(a), (c), and (d), 1.16(d), 3.4(d), 4.1(a), 8.1(b), 8.4(b), 8.4(c), 8.4(d), and 8.4(a), and BOP § 10-306.2 On October 1, 2020, Bar Counsel filed a Request to Waive Oral Argument. On October 2, 2020, this Court issued a Show Cause Order, directing Armstrong to show cause on or before October 23, 2020, why oral argument should be heard. Armstrong did not file a response to the Show Cause Order, or anything else, in this Court.

On October 30, 2020, this Court issued an order granting the Request to Waive Oral Argument. 2 Although Bar Counsel also charged Armstrong with violating MARPC 3.4(c) in one matter, the hearing judge made no conclusion as to whether or not Armstrong violated MARPC 3.4(c). Bar Counsel has not filed an exception as to the lack of a conclusion that Armstrong violated MARPC 3.4(c). Accordingly, we do not address the alleged violation of MARPC 3.4(c). -3- On November 20, 2020, in a per curiam order, we disbarred Armstrong. See Attorney Grievance Comm’n v. Darryl Russel Armstrong, ___ Md. ___, ___ A.3d ___, Misc.

Docket AG No. 35, Sept. Term, 2019, 2020 WL 6815871 , at ¹ (Md. Nov. 20, 2020). We now explain the reasons for Armstrong’s disbarment. BACKGROUND The hearing judge found the following facts, which we summarize. On June 17, 2014, this Court admitted Armstrong to the Bar of Maryland.

At all relevant times, Armstrong maintained an office for the practice of law in Baltimore City known as “DRA e-law, LLC.” Blessing Ngong Matter On December 31, 2014, Blessing Ngong executed a sales contract with Jerry’s Toyota, Inc. (“Jerry’s”) for the purchase of a vehicle. On January 6, 2015, Ngong executed an agreement with Lease-It, Inc. (“Lease-It”), in which she purportedly agreed to lease the vehicle. Months later, in August 2015, Ngong came to believe that Jerry’s had fraudulently converted her sales contract to a lease agreement. On August 11, 2015, Ngong met with Armstrong to discuss her options in pursuing legal action against Jerry’s.

On August 20, 2015, Ngong executed a retainer agreement with Armstrong, agreeing to pay a flat fee of $1,000. The same day, Ngong paid Armstrong $500. Between August and December 2015, Ngong paid Armstrong the remaining $500. On September 4, 2015, Armstrong sent a letter to Jerry’s, advising Jerry’s of his representation of Ngong and the potential for litigation, and advising Jerry’s to preserve evidence.

Nine months later, on June 9, 2016, on Ngong’s behalf, Armstrong filed a breach -4- of contract action against Jerry’s and Lease-It in the Circuit Court for Baltimore County. Jerry’s and Lease-It filed answers, and the circuit court issued a scheduling order, setting a pre-trial conference for March 30, 2017. On October 27, 2016, Jerry’s and Lease-It propounded interrogatories and requests for production of documents. Armstrong failed to inform Ngong of the discovery requests and failed to prepare or submit discovery responses on Ngong’s behalf.

On January 20, 2017, due to the lack of response, Jerry’s and Lease-It filed a motion to compel discovery and sought sanctions. Armstrong did not inform Ngong that a motion to compel had been filed and he did not file a response to the motion. On February 21, 2017, the circuit court granted the motion and ordered Ngong to submit her discovery responses within five days of the date of the order. Armstrong did not inform Ngong of the February 21, 2017 order and he did not prepare or submit discovery responses on Ngong’s behalf.

On March 15, 2017, due to the continued lack of discovery responses, Jerry’s and Lease-It filed a motion for sanctions. Armstrong failed to inform Ngong of the motion for sanctions and he did not file a response to the motion. On March 30, 2017, the circuit court held the scheduled pre-trial conference. Armstrong failed to advise Ngong of the pre-trial conference and neither he nor Ngong attended.

On April 5, 2017, as a sanction for Ngong’s failure to respond to discovery and failure to appear at the pre-trial conference, the circuit court dismissed the case with prejudice. Armstrong received the dismissal order and intentionally concealed the order from Ngong. A few months later, in July 2017, Ngong discovered that the case had been dismissed. -5- On July 29, 2017, in a text message, Ngong told Armstrong that she intended to file a disciplinary complaint against him. Armstrong replied: “[P]lease do not do that.

I have a solution to make it right. We can talk on Monday.” On August 3, 2017, Ngong met with Armstrong. During that meeting and on several other occasions, Armstrong represented to Ngong that he would file a new lawsuit on her behalf against others. Armstrong, however, did not file a new lawsuit, and eventually he stopped communicating with Ngong.

Ngong ended up retaining new counsel, William Sherwood. In the fall of 2017, Sherwood contacted Armstrong concerning Ngong’s case. Armstrong agreed to compensate Ngong $12,500 for his failure to prosecute her case. Pursuant to the agreement, Armstrong agreed to pay Ngong an initial payment of $3,000 by November 15, 2017, and to pay her $1,583.30 each month for the six months after that.

On November 17, 2017, two days later than agreed, Armstrong paid Ngong $3,000. On December 14, 2017, Armstrong paid Ngong $1,583. Armstrong made no other payments to Ngong and failed to respond to Sherwood, who attempted to contact him. Complaint of Team CJB Therapy Centers From early 2017 through the summer of 2018, Armstrong represented seventeen clients in personal injury cases who were treated by Team CJB Therapy Centers (“CJB”), a physical therapy facility located in Halethorpe, Maryland.

Anita Johnson On March 26, 2017, Anita Johnson was injured in a motor vehicle accident. Johnson retained Armstrong to pursue damages in connection with the accident. As a result of her injuries, Johnson sought medical treatment from CJB. On August 3, 2017, Armstrong sent -6- a letter to CJB advising that he was representing Johnson.

On October 17, 2017, USAA General Indemnity Company issued a settlement check for $8,000, payable to Armstrong and Johnson. At the time that Armstrong received the check, he was aware that Johnson had an outstanding balance of $3,000 due to CJB. On October 24, 2017, Armstrong deposited the check into his attorney trust account. On October 27, 2017, Armstrong prepared a settlement disbursement sheet for Johnson, which reflected that Johnson was owed $2,734, and that he had withheld $2,666 for his attorney’s fees, $2,500 for outstanding medical bills, and $100 for records and processing.

On the same date, Armstrong issued a disbursement check to Johnson in the amount of $2,734 and transferred $2,666.66 for his attorney’s fees from his attorney trust account to his law firm’s operating account. Armstrong failed to pay CJB or any other medical provider on Johnson’s behalf. Armstrong also failed to remit to Johnson the $2,500 withheld for outstanding medical bills. The hearing judge found that Armstrong knowingly and intentionally misappropriated the funds for his personal use and benefit.

On November 7, 2017, State Farm issued a settlement check for $8,000, payable to Armstrong and Johnson. Armstrong failed to deposit and maintain the funds in an attorney trust account. Instead, Armstrong deposited the settlement check into his law firm’s operating account. Armstrong did not obtain Johnson’s informed consent to deposit her funds in an account other than an attorney trust account.

On November 10, 2017, Armstrong issued a check from his operating account to Johnson in the amount of $404.33. On December 12, 2017, Armstrong issued a check from his attorney trust account to Johnson in the amount of $1,566. Armstrong owed Johnson -7- additional funds from the State Farm settlement check, but he did not disburse those funds to Johnson. Instead, the hearing judge found that Armstrong misappropriated those funds for his personal use and benefit.

Keith Roundtree On March 26, 2017, Keith Roundtree was injured in a motor vehicle accident. Roundtree retained Armstrong to pursue damages in connection with the accident. As a result of his injuries, Roundtree sought medical treatment from CJB. On August 3, 2017, Armstrong sent a letter to CJB advising that he was representing Roundtree.

On October 17, 2017, USAA General Indemnity Company issued a settlement check for $7,000, payable to Armstrong and Roundtree. At the time that Armstrong received the check, he knew that Roundtree had a balance of $3,000 due to CJB. Armstrong deposited the check into his attorney trust account. Armstrong failed to prepare a settlement disbursement sheet for Roundtree.

On October 27, 2017, Armstrong issued a disbursement check to Roundtree for $3,662 and transferred his attorney’s fees of $2,333.33 from his attorney trust account to his operating account. Armstrong retained $1,004.67 of Roundtree’s funds and failed to pay CJB or any other medical provider on Roundtree’s behalf. According to the hearing judge, Armstrong knowingly and intentionally misappropriated the funds for his personal use and benefit. Keevon Jones On June 12, 2017, Keevon Jones was injured in a motor vehicle accident.

As a result of his injuries, Jones sought medical treatment from CJB. On or about June 12, 2017, Jones executed an authorization and assignment, assigning a portion of his settlement -8- proceeds to CJB for medical bills. Jones retained Armstrong to pursue damages in connection with the accident. On June 22, 2017, Armstrong sent a letter to CJB advising that he was representing Jones.

On July 5, 2017, CJB sent Armstrong a final bill for Jones. On August 3, 2017, as Jones’s attorney, Armstrong signed the authorization and assignment with CJB, thereby agreeing to be legally bound by Jones’s assignment of settlement proceeds to CJB. On March 19, 2018, Geico Casualty Company issued a settlement check for $3,750, payable to Armstrong and Jones. When he received the check, Armstrong knew that Jones had an outstanding balance of $1,000 due to CJB.

On or about March 22, 2018, Armstrong deposited the check in his attorney trust account. On April 3, 2018, Armstrong issued a disbursement check to Jones for $2,400. The following day, Armstrong prepared a settlement disbursement sheet for Jones, which reflected that Jones was owed $2,400, and that he (Armstrong) had withheld $1,250 for his attorney’s fees and $100 for records and processing. Armstrong did not withhold any funds to pay CJB and, despite having executed the authorization and assignment, Armstrong failed to pay, on Jones’s behalf, any funds to CJB.

Terrence Jones On June 12, 2017, Terrence Jones was injured in a motor vehicle accident. Jones retained Armstrong to pursue damages in connection with the accident. As a result of his injuries, Jones sought medical treatment from CJB. On June 13, 2017, Jones executed an authorization and assignment, assigning a portion of his settlement proceeds to CJB for medical bills.

Armstrong was aware that Jones had executed the authorization and -9- assignment. On June 22, 2017, Armstrong sent a letter to CJB advising that he was representing Jones. On July 13, 2017, CJB sent Armstrong a final bill for Jones. On March 19, 2018, Geico Casualty Company issued a settlement check for $3,700, payable to Armstrong and Jones.

When he received the check, Armstrong knew that Jones had an outstanding balance of $1,000 due to CJB. Armstrong deposited the check into his attorney trust account. On April 3, 2018, Armstrong issued a disbursement check to Jones for $2,366 and transferred $1,160 for his attorney’s fees from his attorney trust account to his operating account. On April 4, 2018, Armstrong prepared a settlement disbursement sheet for the case, which reflected that Jones received $2,366, and that Armstrong had withheld $1,233 for his attorney’s fees and $100 for records and processing.

Armstrong did not withhold any funds to pay CJB. Dominic Knight On June 12, 2017, Dominic Knight was injured in a motor vehicle accident. Knight retained Armstrong to pursue damages in connection with the accident. As a result of his injuries, Knight sought medical treatment from CJB.

On June 13, 2017, Knight executed an authorization and assignment, assigning a portion of his settlement proceeds to CJB for medical bills. On June 22, 2017, Armstrong sent a letter to CJB advising that he was representing Knight. On July 19, 2017, CJB sent Armstrong a final bill for Knight. On August 3, 2017, as Knight’s attorney, Armstrong signed the authorization and assignment with CJB, thereby agreeing to be legally bound by Knight’s assignment of settlement proceeds to CJB.

On March 19, 2018, Geico Casualty Company issued a settlement check for $3,900, - 10 - payable to Armstrong and Knight. At the time that Armstrong received the check, he knew that Knight had an outstanding balance of $3,000 due to CJB. Armstrong deposited the check into his attorney trust account. On April 3, 2018, Armstrong issued a disbursement check to Knight for $1,300.

On April 4, 2018, Armstrong prepared a settlement disbursement sheet for the case, which reflected that Knight was owed $1,300, and that Armstrong had withheld $1,300 for his attorney’s fees, $1,200 for outstanding medical bills, and $100 for records and processing. Despite the executed authorization and assignment, Armstrong failed to pay funds to CJB or any other medical provider on Knight’s behalf. Armstrong failed to remit the $1,200 he had withheld for medical bills to Knight and instead, according to the hearing judge, misappropriated the funds for his personal use and benefit. DaAundre Lawson On June 12, 2017, DaAundre Lawson was injured in a motor vehicle accident.

Lawson retained Armstrong to pursue damages in connection with the accident. As a result of his injuries, Lawson sought medical treatment from CJB. On June 13, 2017, Lawson executed an authorization and assignment, assigning a portion of his settlement proceeds to CJB for medical bills.3 On June 22, 2017, Armstrong sent a letter to CJB advising that he was representing Lawson. On July 13, 2017, CJB sent Armstrong a final bill for Lawson.

On August 3, 2017, as Lawson’s attorney, Armstrong signed the authorization and assignment, agreeing to be legally bound by Lawson’s assignment of settlement 3 In discussing Armstrong’s representation of Lawson, the hearing judge in one instance inadvertently referred to Lawson as “Knight.” - 11 - proceeds to CJB. On March 19, 2018, Geico Casualty Company issued a settlement check for $3,400, payable to Armstrong and Lawson. At the time that Armstrong received the check, he knew that Lawson had a balance of $3,500 due to CJB. Armstrong deposited the check into his attorney trust account.

On April 3, 2018, Armstrong issued a disbursement check to Lawson for $2,166. On April 4, 2018, Armstrong prepared a settlement disbursement sheet for Lawson, which reflected that Lawson was owed $2,166, and that Armstrong had withheld $1,133 for his attorney’s fees and $100 for records and processing. Armstrong failed to withhold funds to pay CJB and, despite the executed authorization and assignment, Armstrong failed to pay any funds to CJB on Lawson’s behalf. Darius McCoy On June 12, 2017, Darius McCoy was injured in a motor vehicle accident.

McCoy retained Armstrong to pursue damages in connection with the accident. As a result of his injuries, McCoy sought medical treatment from CJB. On June 13, 2017, McCoy executed an authorization and assignment, assigning a portion of his settlement proceeds to CJB for medical bills. On June 22, 2017, Armstrong sent a letter to CJB advising that he was representing McCoy.

On July 26, 2017, CJB sent Armstrong a final bill for McCoy. On August 3, 2017, as McCoy’s attorney, Armstrong signed the authorization and assignment, agreeing to be legally bound by McCoy’s assignment of settlement proceeds to CJB. On March 19, 2018, Geico Casualty Company issued a settlement check for $3,500, payable to Armstrong and McCoy. When he received the check, Armstrong knew that McCoy had a balance of $1,000 due to CJB.

Armstrong deposited the check into his - 12 - attorney trust account. On July 6, 2018, Armstrong prepared a settlement disbursement sheet for McCoy, which reflected that McCoy was owed $733 and that Armstrong had withheld $1,166 for his attorney’s fees, $1,500 for “legal case,” and $101 for records and processing. On the same date, Armstrong transferred $1,237 in attorney’s fees from his attorney trust account to his operating account. Armstrong did not withhold any funds to pay CJB and, despite the executed authorization and assignment, he failed to pay any funds to CJB on McCoy’s behalf.

Brittney Henderson On September 24, 2017, Brittney Henderson was injured in a motor vehicle accident. Henderson retained Armstrong to pursue damages in connection with the accident. As a result of her injuries, Henderson sought medical treatment from CJB. On December 5, 2017, Government Employees Insurance Company issued a settlement check for $3,500, payable to Armstrong and Henderson.

When he received the check, Armstrong knew that Henderson had a balance of $2,500 due to CJB. Armstrong deposited the check into his attorney trust account. On December 22, 2017, Armstrong prepared a settlement disbursement sheet for Henderson, which reflected that Henderson was owed $1,018 and that he had withheld $1,166 for his attorney’s fees, $1,166 for “medical fees[,]” and $150 for records and processing. On the same date, Armstrong issued a disbursement check to Henderson for $1,018.

Armstrong failed to pay funds to CJB or any other medical provider on Henderson’s behalf. Armstrong failed to remit to Henderson the $1,166 withheld for medical bills. The hearing judge found that Armstrong misappropriated the funds for his personal use and benefit. - 13 - Jeffrey Williams On September 24, 2017, Jeffrey Williams was injured in a motor vehicle accident. Williams retained Armstrong to pursue damages in connection with the accident.

As a result of his injuries, Williams sought medical treatment from CJB. On December 5, 2017, Government Employees Insurance Company issued a settlement check for $4,000, payable to Armstrong and Williams. At the time that Armstrong received the check, he knew that Williams had a balance of $3,000 due to CJB. Armstrong deposited the check into his attorney trust account.

On December 22, 2017, Armstrong prepared a settlement disbursement sheet for Williams, which reflected that Williams was owed $1,333 and that Armstrong had withheld $1,333 for his attorney’s fees and $1,333 for “medical records.” On December 14, 2017, Armstrong transferred $1,333.33 in attorney’s fees from his attorney trust account to his operating account. On the same day, Armstrong issued a disbursement check for $1,333.33 to Williams. Armstrong failed to pay funds to CJB or any other medical provider on Williams’s behalf. Armstrong failed to remit to Williams the $1,333.33 withheld for medical bills.

The hearing judge found that Armstrong misappropriated the funds for his personal use and benefit. Cenee Barnes On July 23, 2017, Cenee Barnes, Tacori Robinson, and Zaire Harvey were injured in a motor vehicle accident. At the time of the accident, Barnes was the legal guardian of Robinson and Harvey. Barnes retained Armstrong to pursue damages in connection with the accident.

As a result of their injuries, Barnes, Robinson, and Zaire sought medical - 14 - treatment from CJB. On June 26, 2018, Allstate issued a settlement check for $3,675, payable to Armstrong and Barnes. On the same date, Allstate issued a settlement check for $3,757, payable to Armstrong and Barnes as Robinson’s legal guardian, and a settlement check for $3,757, payable to Armstrong and Barnes as Harvey’s legal guardian. When he received the checks, Armstrong knew that Barnes had a balance of $1,213 due to CJB, that Robinson has a balance of $1,240 due to CJB, and that Harvey had a balance of $1,240 due to CJB.

Armstrong deposited the three checks into his attorney trust account. On July 6, 2018, Armstrong prepared three settlement disbursement sheets for the case. The sheet for Barnes reflected that she was owed $1,249.50 and that Armstrong had withheld $1,212.75 for his attorney’s fees and $1,212.75 for medical bills. The sheet for Robinson reflected that she was owed $1,277.38 and that Armstrong had withheld $1,239.81 for his attorney’s fees and $1,239.81 for medical bills.

And, the sheet for Harvey reflected that she was owed $1,277.38 and that Armstrong had withheld $1,239.81 for his attorney’s fees and $1,239.81 for medical bills. On July 5, 2018, Armstrong transferred $4,700 in attorney’s fees from his attorney trust account to his operating account. The following day, Armstrong issued three disbursement checks to Barnes—for $1,249.50, $1,277.38, and $1,277.38. Armstrong failed to pay funds to CJB or any other medical provider on behalf of Barnes, Robinson, or Harvey.

According to the hearing judge, Armstrong knowingly and intentionally misappropriated the funds for his personal use and benefit. Amiya Owens On September 24, 2017, Amiya Owens (“Amiya”), a minor, was injured in a motor - 15 - vehicle accident. Amiya, through her parent and legal guardian, Brian Owens, retained Armstrong to pursue damages in connection with the accident. As a result of her injuries, Amiya sought medical treatment from CJB.

On December 5, 2017, GEICO issued a settlement check for $4,000, payable to Armstrong and Brian Owens, as parent and legal guardian of Amiya. At the time that Armstrong received the check, he knew that Amiya had a balance of $3,495 due to CJB. Armstrong deposited the check into his attorney trust account. On December 22, 2017, Armstrong prepared a settlement disbursement sheet for the case, which reflected that Amiya was owed $1,333 and that he had withheld $1,333 for his attorney’s fees and $1,333 for “medical records.” On December 14, 2017, Armstrong transferred $1,333 from his attorney trust account to his operating account.

On January 3, 2018, Armstrong issued a disbursement check to Amiya for $100. The additional $1,233 due to Amiya is unaccounted for; there was no indication that the funds due to Amiya were disbursed to her, her guardian, or into a minor’s trust. Armstrong failed to pay funds to CJB or any other medical provider on Owens’s behalf. Armstrong failed to remit to Amiya the $1,333 withheld for medical bills.

According to the hearing judge, Armstrong knowingly and intentionally misappropriated the funds for his personal use and benefit. Juanita Owens On September 24, 2017, Juanita Owens was injured in a motor vehicle accident. Owens retained Armstrong to pursue damages in connection with the accident. As a result of her injuries, Owens sought medical treatment from CJB.

On December 5, 2017, GEICO issued a settlement check for $4,500, payable to - 16 - Armstrong and Owens. When he received the check, Armstrong knew that Owens had a balance of $4,212 due to CJB. Armstrong deposited the check into his attorney trust account. Armstrong failed to prepare a written statement or settlement disbursement sheet for Owens reflecting how the settlement funds were disbursed.

On December 14, 2017, Armstrong transferred $1,500 for attorney’s fees from his attorney trust account to his operating account. On December 22, 2017, Armstrong issued a disbursement check to Owens for $1,350. Armstrong failed to disburse the remaining settlement funds ($1,650) to CJB or any other medical provider on Owens’s behalf. Armstrong failed to remit to Owens the $1,650 withheld.

According to the hearing judge, Armstrong knowingly and intentionally misappropriated the funds for his personal use and benefit. CJB’s Contact with Armstrong Throughout the time that Armstrong represented people who sought medical treatment at CJB, CJB attempted to contact him to determine the status of its patients’ settlements. Armstrong did not respond. On August 1, 2018, E. David Silverberg, CJB’s counsel, wrote to Armstrong asking about the status of several of CJB’s patients’ cases.

Armstrong did not respond. On August 7, 2018, Silverberg sent Armstrong a second letter. Armstrong again did not respond. On August 29, 2018, CJB, through its owner, Spencer Arrington, filed a complaint against Armstrong with Bar Counsel.

On October 5, 2018, Bar Counsel sent Armstrong a copy of the complaint and requested a response in writing. On October 16, 2018, Armstrong wrote a letter to Janice Williams, a CJB employee, and mailed the letter to Williams’s home address. Armstrong knew that Williams and CJB were represented by - 17 - Silverberg. In the letter, Armstrong intentionally misrepresented to CJB that he had inadvertently paid Jarrett Chiropractic, instead of CJB, for treatment rendered for Johnson and Roundtree.

Armstrong attached to the letter copies of two cancelled checks from his attorney trust account issued to Jarrett Chiropractic and copies of check stubs. The first check, Number 1040, was dated December 12, 2017, and in the amount of $2,500. The memo line was blank. The accompanying check stub reflected that the check was issued from Armstrong’s attorney trust account to Jarrett Chiropractic for “Anita Johnson Medical Bills.” The second check, Number 1041, was dated December 12, 2017, and in the amount of $450.

The memo line was blank. The accompanying check stub reflected that the check was issued from Armstrong’s attorney trust account to Jarrett Chiropractic for “Keith Roundtree Medical Bills.” The hearing judge found that Armstrong intentionally doctored the two checks to delete the information on the memo lines to make it seem that the checks were for Johnson and Roundtree. The authentic checks, received from the bank, included notations on the memo lines indicating that the checks were issued to Jarrett Chiropractic for a different client. Additionally, in the letter to Williams, Armstrong referred to CJB’s complaint to Bar Counsel, stating: “Now that I know the proper company to pay, I will forward you what is owed immediately as soon as the Grievance Commission is informed of this misunderstanding.” Armstrong also attached to the letter documents concerning his representation of some of the clients who sought medical treatment at CJB.

On October 16, 2018, after receiving the October 5, 2018 letter from Bar Counsel, Armstrong went to CJB’s office and twice told CJB’s employees: “I will blow up this building before I will allow you to take my license.” CJB’s employees called the Baltimore - 18 - Police Department and reported the incident, and a police report was prepared. Ultimately, Armstrong failed to remit funds due to CJB or to return the funds to his clients. Louise R. Whiting Matter In the winter of 2017, Louise R. Whiting was injured in a motor vehicle accident. Shortly thereafter, Whiting retained Armstrong to pursue damages in connection with the accident.

After retaining Armstrong, Whiting and others on her behalf attempted to contact him multiple times to determine the status of Whiting’s case. Armstrong did not respond at all. In April 2019, Armstrong advised Whiting, through a relative, that he had settled her case for $10,000 and that she would receive $6,000. Armstrong advised that he would not release the funds until he confirmed that there was no lien on the settlement proceeds.

Armstrong failed to deposit and maintain the settlement funds in an attorney trust account. Armstrong also failed to pay Whiting her settlement proceeds and, according to the hearing judge, intentionally misappropriated the funds for his personal use and benefit. Cheryl L. Merriman Matter On February 20, 2017, Cheryl L. Merriman was injured in a motor vehicle accident. On April 17, 2017, Merriman retained Armstrong to pursue damages in connection with the accident.

Merriman agreed to pay Armstrong on a contingency fee basis, but Armstrong failed to put the contingent fee arrangement in writing. In fact, there was no written retainer agreement. On September 14, 2017, Armstrong sent Travelers Insurance Company a demand on Merriman’s behalf. In the cover letter, Armstrong stated that Merriman had received - 19 - medical treatment from Bowie Health Center, Total Wellness Center, and Maryland Healthcare Clinics and had medical bills totaling $6,453.

Within days of sending the demand, Armstrong settled Merriman’s case for $16,000. On September 16, 2017, Merriman executed a “Release in Full[,]” and on September 18, 2017, Travelers Insurance Company issued a settlement check, payable to Armstrong and Merriman. On or about September 20, 2017, Armstrong received the settlement check and deposited it into his attorney trust account. On September 20, 2017, Armstrong issued a disbursement check to Merriman for $8,524.74.

On September 25, 2017, Armstrong provided Merriman a settlement disbursement sheet, which reflected that he had withheld $5,333.26 in attorney’s fees, $2,000 for medical bills, and $142.60 for records and processing. Armstrong did not pay any of Merriman’s healthcare providers. Months later, on June 15, 2018, Merriman received a letter from Maryland Healthcare Clinics stating that she had an outstanding balance of $4,505.34. After receiving the letter, Merriman attempted to contact Armstrong by phone several times, but he failed to respond.

Eventually, Merriman contacted Lisa Armstrong, Armstrong’s wife, through Facebook. Merriman then spoke with Armstrong, who assured her that he would pay the outstanding balance with Maryland Healthcare Clinics. Armstrong never took any action, though, with respect to the bill and he did not pay any funds to Maryland Healthcare Clinics. On May 13, 2019, Merriman received a second letter from Maryland Healthcare Clinics stating that she still owed $4,505.34.

Merriman attempted to contact Armstrong by phone several times but received no response. Between May 16, 2019, and May 25, 2019, - 20 - Merriman exchanged text messages with Armstrong’s wife. In one text message on May 16, 2019, Merriman confirmed Armstrong’s phone number and e-mail address. The following day, Merriman sent an e-mail to Armstrong advising him of the second letter from Maryland Healthcare Clinics.

On the same day, Merriman e-mailed Armstrong requesting that he provide her with a copy of the release she had executed. On May 20 and 21, 2019, Merriman sent follow-up e-mails to Armstrong. Armstrong did not respond to any of the e-mails. On May 22, 2019, Merriman contacted Maryland Healthcare Clinics and was informed that Armstrong had not remitted any funds on her behalf.

Armstrong failed to return the $2,000 that he had withheld for Merriman’s medical bills and the hearing judge found that he intentionally misappropriated the funds for his personal use and benefit. Nancy Schaffer Matter In May 2017, the apartment complex where Nancy Schaffer lived removed the handrail to the stairway to her apartment building. Schaffer wrote to the complex, requesting that it re-install the handrail. The complex denied the request.

On May 31, 2017, Schaffer was injured when she fell down the stairs of her apartment building. On June 14, 2017, Schaffer was injured when she fell down the stairs a second time. The following day, Schaffer retained Armstrong to represent her in a housing discrimination claim that she wanted to file with the United States Department of Housing and Urban Development (“HUD”) and in a personal injury action that she wanted to file against the complex. On June 15, 2017, Schaffer executed a written retainer agreement.

On July 28, 2017, Schaffer filed a housing discrimination complaint with HUD. On - 21 - July 31, 2017, HUD sent to Schaffer a letter advising that her complaint had been referred to the Maryland Commission on Civil Rights (“MCCR”) for further investigation. On October 16, 2017, Kara Hunt, a Civil Rights Officer assigned to investigate Schaffer’s complaint, sent an e-mail to Armstrong requesting that he enter his appearance and submit a settlement demand on Schaffer’s behalf. The following day, Armstrong wrote to Hunt, advising that he intended to submit Schaffer’s medical bills.

Armstrong, however, failed to submit a settlement demand or the medical bills. Shortly thereafter, Hunt sent an e-mail to Armstrong, asking about the medical bills and requesting a settlement demand and to schedule an interview on November 6, 2017 with Schaffer. Armstrong did not respond to Hunt’s e-mail or provide the requested documents. On November 21, 2017, Schaffer spoke to Hunt.

At that time, Hunt told Schaffer that Armstrong was not cooperating with MCCR’s investigation. On the same day, Schaffer sent a fax to Heather Sell, Armstrong’s administrative assistant, requesting that Armstrong promptly contact Hunt. Also on the same day, Sell sent an e-mail to Hunt, copying Armstrong on the message, providing Armstrong’s contact information. On the same day, Hunt responded, copying Armstrong on the message, and explained that Armstrong had not cooperated with the investigation.

Armstrong did not take any action to cooperate with MCCR or to provide the requested documents. In December 2017, Armstrong advised Schaffer that he would file a personal injury action on her behalf within a few months. Schaffer told Armstrong that she was interested in obtaining a loan advance against her future settlement from Global Financial. Armstrong encouraged Schaffer to obtain the loan and, according to the hearing judge, - 22 - intentionally misrepresented to Schaffer that her case would be “settled soon.” Based on Armstrong’s assurances, Schaffer obtained a $5,000 loan from Global Financial.

On December 4, 2017, Armstrong completed an “Attorney Questionnaire” portion of Schaffer’s loan application and intentionally misrepresented that the value of Schaffer’s case was $80,000 and that the case would be settled within six months. Armstrong, however, did not obtain Schaffer’s medical records, submit a settlement demand to MCCR, or file a personal injury action on Schaffer’s behalf. On January 28, 2018, MCCR issued a written opinion finding that there was no probable cause to believe that the complex had discriminated against Schaffer. As explained in the opinion, pursuant to the applicable regulation, Schaffer had fifteen days from the date that the opinion was mailed to apply for reconsideration of the adverse finding.

On January 31, 2018, MCCR mailed a copy of the opinion to Armstrong. Armstrong did not provide a copy of the opinion to Schaffer or otherwise inform her of the adverse finding. Schaffer ultimately lost the opportunity to apply for reconsideration. Between November 21, 2017 and July 19, 2018, Armstrong and Schaffer exchanged text messages.

During his representation, though, Armstrong failed both to adequately communicate with Schaffer concerning the status of her case and to timely respond to her inquiries. Armstrong also failed to pursue any substantive legal action to pursue a HUD claim or a personal injury action on Schaffer’s behalf. By May 1, 2018, Schaffer was dissatisfied with Armstrong and terminated his representation. At that time, Armstrong promised to diligently pursue Schaffer’s cases and communicate better, so Schaffer agreed to reinstate Armstrong’s representation.

Despite his promises, though, Armstrong - 23 - continued to neglect Schaffer’s cases and he ignored her attempts to contact him. The hearing judge found that on June 12, 2018, in a text message, Armstrong intentionally misrepresented to Schaffer that he had filed a personal injury action in the circuit court on her behalf. Over the next few weeks, Armstrong continued to mislead Schaffer into believing that a personal injury action had been filed. After a few weeks, Schaffer herself contacted the circuit court and discovered that no personal injury action had been filed on her behalf.

In a letter dated July 13, 2018, Schaffer terminated Armstrong’s representation. On the same day, Schaffer spoke with Armstrong’s administrative assistant, who confirmed that Armstrong had failed to file the personal injury action. At or about that time, Schaffer also requested a copy of her case file, but Armstrong never provided it to her. Carmen Gunici Matter On August 31, 2017, Carmen Gunici, a person from Romania who does not speak English, entered the United States seeking asylum.

On November 20, 2018, Gunici retained Armstrong to represent her at a Master Calendar hearing in her asylum case that was scheduled for the following day. On November 21, 2018, Armstrong appeared with Gunici at the hearing. The Immigration Court instructed Gunici to file an asylum application by March 21, 2019 and advised her that if the asylum application was not timely filed, she would be ordered removed from the United States. The hearing was not translated in Romanian and Gunici did not understand the instructions.

After the hearing, Armstrong failed to explain to Gunici the Immigration Court’s instructions or to advise of the March 21, 2019 filing deadline. Gunici and her husband - 24 - attempted to contact Armstrong several times for an update on her case, but Armstrong did not respond. Gunici did not understand the significance of the March 21, 2019 filing deadline and did not file an asylum application by that date. Accordingly, on April 2, 2019, the Immigration Court issued an order of removal, ordering that Gunici be removed from the United States.

On April 14, 2019, Gunici’s husband called the Immigration Court Information System and discovered that the order of removal had been issued. Afterward, Gunici and her husband tried contacting Armstrong several times, but did not receive a response. Because she was unable to reach Armstrong, Gunici retained John E. Gallagher. On July 5, 2019, Gallagher filed a motion to reopen, and on July 8, 2019, he filed an asylum application and withholding of removal.

The motion to reopen and asylum application were denied. Deqwan Cheatham Matter In March 2018, Deqwan Cheatham was arrested in Baltimore City and charged with crimes in the Circuit Court for Baltimore City. The following month, Cheatham’s mother, Tevya Cheatham, retained Armstrong to represent Cheatham and she agreed to pay a flat fee of $3,000 to Armstrong. On May 22, 2018, Cheatham’s mother paid Armstrong $700 by money order.

The next day, she paid Armstrong $400. On June 4, 2018, another of Cheatham’s relatives paid Armstrong $400. Armstrong failed to deposit and maintain any of these funds in an attorney trust account until earned. On June 4, 2018, Armstrong entered his appearance on Cheatham’s behalf and filed pretrial motions.

Thereafter, however, Armstrong failed to appear at several hearings - 25 - scheduled in the case. On September 17, 2018, the day on which trial was scheduled to begin, Armstrong requested a postponement to December 4, 2018, which the circuit court granted. On October 12, 2018, the circuit court further postponed the trial until April 29, 2019. On January 7, 2019, Armstrong appeared for a status conference, but was unprepared.

Indeed, prior to the status conference, Armstrong had not met with Cheatham or communicated with him in any way. At the status conference, Cheatham informed the circuit court that Armstrong’s representation was inadequate, and the circuit court permitted him to terminate Armstrong’s representation and retain new counsel. At the end of the status conference, Armstrong told Cheatham that he would refund all legal fees that he had been paid. Armstrong failed, however, to refund any of the fees paid and he failed to provide any meaningful legal services to Cheatham.

During Armstrong’s representation, Cheatham’s mother had attempted to communicate with Armstrong about the case several times, but Armstrong failed to adequately or timely respond. Alvin Knox Matter On July 17, 2018, in the District Court of Maryland sitting in Baltimore City, Alvin Knox pled guilty to second-degree assault and was sentenced to a term of imprisonment and probation. On October 10, 2018, pursuant to the terms of his probation, Knox reported to his probation officer, Tiffany Douglas. Douglas told Knox that she smelled alcohol on him and that she believed he had driven to the appointment while under the influence of alcohol.

That same day, Knox provided a urine sample for urinalysis, which showed that Knox had consumed alcohol in the preceding forty-eight hours. Douglas advised Knox - 26 - that she intended to report that he had violated his probation. On October 28, 2018, Knox retained Armstrong for the purpose of having Armstrong contact Douglas to attempt to persuade her to not report a violation of probation. Knox paid Armstrong a flat fee of $250 in cash.

Armstrong did not deposit and maintain the funds in an attorney trust account until earned. After receiving the funds, Armstrong abandoned his representation of Knox and provided no legal services whatsoever for Knox. Armstrong failed to communicate with Knox and failed to contact Douglas to discuss Knox’s probation. Armstrong also failed to refund to Knox any of the $250 that Knox had paid him.

Dequantae McRae Matter In August 2018, Dequantae McRae was arrested in Baltimore City and charged with crimes in two cases in the District Court of Maryland sitting in Baltimore City. On August 25, 2018, Yvette Satchell, McRae’s mother, retained Armstrong to represent McRae for a flat fee of $4,000. On the same day, Satchell paid Armstrong $2,800 through three money orders and $200 in cash. Armstrong failed to deposit and maintain the funds in an attorney trust account until earned.

Instead, Armstrong deposited the funds into his operating account. Armstrong did not obtain Satchell’s informed consent to deposit the funds in an account other than an attorney trust account. Thereafter, Satchell attempted several times to contact Armstrong for an update on McRae’s cases. Armstrong did not respond.

On October 11, 2018, Satchell spoke with Armstrong by phone and Armstrong promised to communicate better. After the phone call, Armstrong stopped communicating with Satchell and ignored her efforts to - 27 - communicate with him. On November 2, 2018, Armstrong entered his appearance on McRae’s behalf in both cases and filed a motion for bail review and a motion for consolidation. Armstrong appeared for a preliminary hearing but was unprepared.

Indeed, prior to the hearing, Armstrong had not communicated or met with McRae at all. After the preliminary hearing, Armstrong failed to appear at several proceedings, including the arraignment on November 9, 2018. On November 30, 2018, with McRae’s authorization, Satchell sent a text message to Armstrong terminating his representation and requesting a refund of the fees paid. Armstrong failed to provide any meaningful legal services to McRae and did not return any of the fees that Satchell had paid.

In December 2018, Satchell retained Donald Wright to represent McRae. Wright wrote to Armstrong, requesting a copy of McRae’s case file. Armstrong did not respond or provide the case file to Wright. Bar Counsel’s Investigations On May 3, 2018, Ngong filed a complaint against Armstrong with Bar Counsel.

On May 10, 2018, Bar Counsel forwarded a copy of the complaint to Armstrong and requested a written response by May 31, 2018. Armstrong did not respond. Bar Counsel sent follow- up letters on July 3, 2018, July 20, 2018, and August 10, 2018; Armstrong failed to respond to these letters too. On September 12, 2018, Edwin P. Karr, an investigator with the Attorney Grievance Commission, sent Armstrong an e-mail requesting that Armstrong call him.

Armstrong did not respond. On September 14, 2018, Karr sent another e-mail requesting that Armstrong contact him. On September 17, 2018, Karr spoke with - 28 - Armstrong on the phone. During the call, Armstrong stated that he had received Bar Counsel’s letters but failed to respond because he was gathering documents needed to complete his response.

Armstrong advised that he would submit a response the following day, September 18, 2018. Armstrong did not file a response until November 7, 2018. Meanwhile, on September 26, 2018, Arrington, CJB’s owner, filed a complaint on CJB’s behalf against Armstrong with Bar Counsel. On October 5, 2018, Bar Counsel forwarded a copy of the complaint to Armstrong and requested a written response by October 26, 2018.

Armstrong did not respond. On November 20, 2018, December 18, 2018, and January 17, 2019, Bar Counsel sent follow-up letters. Armstrong did not respond to those letters either. On January 2, 2019, Knox filed a complaint against Armstrong with Bar Counsel.

On January 9, 2019, Bar Counsel forwarded a copy of the complaint to Armstrong and requested a response by January 30, 2019. Armstrong did not respond. On January 16, 2019, Cheatham filed a complaint against Armstrong with Bar Counsel. The following day, Bar Counsel forwarded a copy of the complaint to Armstrong and requested a response by February 1, 2019.

Armstrong did not respond to the complaint filed by Cheatham. On January 22, 2019, Schaffer filed a complaint against Armstrong with Bar Counsel. On January 30, 2019, Bar Counsel forwarded a copy of the complaint to Armstrong and requested a response by February 20, 2019. On February 25, 2019, because Armstrong had not responded to any of the four letters concerning CJB’s complaint, Bar Counsel had a process server personally serve Armstrong with copies of its prior letters in the CJB matter, a subpoena for Armstrong’s - 29 - bank records, and a fifth letter, dated February 19, 2019, requesting a response to CJB’s complaint.

On March 19, 2019, because Armstrong still had not responded to CJB’s complaint, Bar Counsel sent him a sixth letter, by both regular mail and e-mail, requesting a response by March 29, 2019. Armstrong never responded to CJB’s complaint. On February 27, 2019, due to Armstrong’s continued lack of response, Bar Counsel sent Armstrong letters concerning the complaints filed by Knox, Cheatham, and Schaffer, requesting responses by March 14, 2019. On March 19, 2019, Bar Counsel sent letters to Armstrong concerning the complaints filed by Knox, Cheatham, and Schaffer, by both regular mail and e-mail, requesting a written response to those complaints by March 29, 2019.

In the meantime, on March 15, 2019, Satchell filed a complaint against Armstrong with Bar Counsel. On March 20, 2019, Bar Counsel forwarded a copy of the complaint to Armstrong, requesting a response by April 10, 2019. On April 23, 2019, because Armstrong had not responded to Satchell’s complaint, Bar Counsel sent Armstrong another letter, by both regular mail and e-mail, requesting a response by May 8, 2019. Ultimately, Armstrong never responded to the complaints filed by Knox, Cheatham, Schaffer, or Satchell.

Meanwhile, on April 16, 2019, Whiting filed a complaint against Armstrong with Bar Counsel. The next day, Bar Counsel forwarded a copy of the complaint to Armstrong, requesting a response by May 8, 2019. Armstrong did not respond. On May 15, 2019, Bar Counsel sent Armstrong a second letter, requesting a response to Whiting’s complaint by May 30, 2019.

On May 29, 2019, Merriman filed a complaint against Armstrong with Bar Counsel. On June 24, 2019, Bar Counsel forwarded the complaint to Armstrong, - 30 - requesting a response by July 9, 2019. On July 8, 2019, Gunici filed a complaint against Armstrong with Bar Counsel. On July 19, 2019, Bar Counsel forwarded the complaint to Armstrong and requested a response by August 2, 2019.

Armstrong never filed a written response to the complaints filed by Whiting, Merriman, or Gunici. Attorney Trust Account On February 19, 2019, Bar Counsel subpoenaed Armstrong’s bank account records, including for his law firm’s operating and attorney trust accounts, for the period of January 2017 through January 2019. Bar Counsel received bank account records from Wells Fargo Bank and performed a financial analysis of the transactions. The analysis showed that, for the period of January 2017 through January 2019, Armstrong failed to deposit and maintain client and third-party funds in his attorney trust account.

The hearing judge found that the bank records and analysis demonstrated that Armstrong misappropriated client and third- party funds for his personal use and benefit. Bank records showed that, in five separate instances, Armstrong deposited client funds into his law firm’s operating account, without the clients’ informed consent to deposit their funds into an account other than an attorney trust account. Specifically, on September 29, 2017, in a client matter for a Cameron Wilder, Armstrong deposited $9,000 received from an insurance company into the operating account. On November 7, 2017, in the Anita Johnson matter, Armstrong deposited $8,000 received from State Farm into the operating account.

On May 21, 2018, in the Cheatham matter, Armstrong deposited $700 received from Cheatham’s mother into the operating account. On August 25, 2018, in the McRae matter, Armstrong deposited $2,800 received from McRae’s mother into the - 31 - operating account. And, on September 25, 2018, in another client matter for a Kennedi Brown, Armstrong deposited $500 received from an insurance company into the operating account. On nine other occasions, Armstrong also deposited client funds for three client matters into the operating account without the clients’ informed consent to deposit the funds into an account other than an attorney trust account.

In one client matter, Armstrong deposited $193.32 into the operating account. In another client matter, Armstrong deposited $700 into the operating account. And, in a third client matter, Armstrong deposited seven payments from State Farm dated the same day totaling $2,500 into the operating account. Aggravating and Mitigating Factors The hearing judge found eight aggravating factors.

The hearing judge found that Armstrong’s misconduct was aggravated by a dishonest and selfish motive. The hearing judge found that Armstrong had intentionally misappropriated client and third-party funds for his own personal use and benefit, that he made knowing and intentional misrepresentations to CJB concerning his failure to pay outstanding client bills, and that he made knowing and intentional misrepresentations to Schaffer regarding her case’s status. The hearing judge also found that Armstrong’s misconduct was aggravated by a pattern of misconduct, as Armstrong repeatedly accepted funds, abandoned the representation of his clients, and then misappropriated funds belonging to those clients and third parties in eight separate client matters and in the various client matters connected to CJB. And, the hearing judge found that Armstrong’s misconduct was aggravated by - 32 - multiple offenses.

The hearing judge found that Armstrong’s misconduct was aggravated by bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with Bar Counsel’s numerous requests for information. The hearing judge also found that Armstrong’s misconduct was aggravated by a refusal to acknowledge the wrongful nature of the conduct. According to the hearing judge, at the hearing, when presenting argument concerning a mitigating factor, Armstrong failed to acknowledge the scope of misconduct or to accept any responsibility for his misconduct. The hearing judge pointed out that, in a letter to the hearing judge, Armstrong blamed his administrative assistant for sending a payment to the wrong physical therapy facility.

The hearing judge rejected that as an excuse, stating: Not only is this excuse disproven by the documentation (and his own admissions), but that particular incident was but one of many. The alleged mislabeling of two checks (which, to be sure, the [hearing judge] rejects; that claim was yet another example of [] Armstrong’s obstruction of the attorney discipline process) had nothing to do with the misappropriation of funds in multiple personal injury cases or the gross misconduct in the immigration, criminal, and other matters. The hearing judge found that Armstrong’s misconduct was aggravated by the vulnerability of the victim, as Gunici, was seeking asylum in the United States and does not speak English. The hearing judge found that Armstrong’s misconduct was aggravated by an indifference to making restitution, as he failed to refund unearned fees in the Knox, Cheatham, or McRae matters, he failed to honor the settlement agreement with Ngong, and he failed to refund other client and third-party funds that he misappropriated.

Finally, the hearing judge found that Armstrong’s misconduct was aggravated by illegal conduct, as he - 33 - intentionally misappropriated client and third-party funds for his own personal use and benefit. As to mitigating factors, the hearing judge found that Armstrong’s misconduct was mitigated by inexperience in the practice of law and a lack of prior attorney discipline. The hearing judge, however, did not find by a preponderance of the evidence that Armstrong’s misconduct was mitigated by either personal or emotional problems or a physical or mental disability or impairment. The hearing judge observed that, in an effort to establish a sole mitigating factor, Armstrong advised that he was being treated by a psychiatrist for depression.

On August 14, 2019, after the hearing, Armstrong forwarded to the hearing judge a letter from his treating psychiatrist indicating that he had been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and Bipolar Disorder. According to the hearing judge, “[t]he mere fact that a person has been diagnosed with an impairment or disorder does not establish that the impairment caused, or even played a significant factor in, the conduct [] Armstrong has admitted to.” STANDARD OF REVIEW Neither party excepts to any of the hearing judge’s findings of fact; thus, we “treat the findings of fact as established[.]” Md. R. 19-741(b)(2)(A). In an attorney discipline proceeding, this Court reviews without deference a hearing judge’s conclusions of law. See Md. R. 19-741(b)(1).

This Court determines whether clear and convincing evidence establishes that a lawyer violated an MARPC. See Md. R. 19-727(c). - 34 - DISCUSSION A. Conclusions of Law Neither party excepts to the hearing judge’s conclusions of law. We uphold all of the hearing judge’s conclusions of law. MARPC 1.1 (Competence) and 1.3 (Diligence) “An attorney shall provide competent representation to a client.

Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” MARPC 1.1. “Incompetent representation occurs when an attorney fails to take necessary, fundamental steps in a client’s case[,]” and may occur where “an attorney fails to appear in court on a client’s behalf, fails to adequately prepare a client, or mishandles client funds[.]” Attorney Grievance Comm’n v. Ambe, 466 Md. 270, 288 , 218 A.3d 757 , 767 (2019) (cleaned up). “An attorney shall act with reasonable diligence and promptness in representing a client.” MARPC 1.3. MARPC “1.3 can be violated by failing to advance the client’s cause or endeavor; failing to investigate a client’s matter; and repeatedly failing to return phone calls, respond to letters, or provide an accounting for earned fees.” Attorney Grievance Comm’n v. Smith-Scott, 469 Md. 281, 340 , 230 A.3d 30, 64 (2020) (cleaned up). An attorney violates MARPC 1.3 where the “attorney does nothing whatsoever to advance the client’s cause or endeavor, or fails to disburse funds to clients in a timely manner[.]” Attorney Grievance Comm’n v. Smith, 457 Md. 159, 216 , 177 A.3d 640, 674 (2018) (citation omitted). And, “the same justifications for finding a violation of [MARPC] 1.1 can support a[n MARPC] 1.3 violation.” Smith-Scott, 469 Md. at 340 , 230 A.3d at 64 - 35 - (citation omitted).

Clear and convincing evidence supports the hearing judge’s conclusion that Armstrong violated MARPC 1.1 as to numerous clients, with respect to CJB’s complaint, and in his handling of his attorney trust account. In the Ngong matter, Armstrong failed to provide competent representation to Ngong by essentially abandoning the representation, and he failed to take necessary, fundamental steps in the case, including failing to respond to discovery. Armstrong compounded that failure by failing to file responses to a motion to compel and a motion for sanction, and by failing to appear at a pre-trial conference. The circuit court dismissed Ngong’s case with prejudice.

Moreover, Armstrong failed to communicate with Ngong concerning the status of her case and did not advise her of the discovery requests, the motion to compel, the circuit court’s order compelling discovery, the motion for sanctions, or the pre-trial conference. Indeed, it was only months after the fact that Ngong discovered on her own that her case had been dismissed. With respect to CJB, Armstrong violated MARPC 1.1 by failing to remit funds from clients’ settlements to pay outstanding medical bills due to CJB and by