Attorney Grievance v. Maldonado

Attorney Grievance Commission of Maryland v. Melinda Maldonado, Misc. Docket AG No. 11, September Term, 2017. Opinion by Getty, J. ATTORNEY DISCIPLINE — SANCTIONS—DISBARMENT The Court of Appeals disbarred an attorney who called her client’s doctor, held herself out as a medical doctor, and sought the alteration of her client’s medical records. When the attorney was unable to reach the doctor, the attorney continued to repeatedly call the doctor’s office over the course of two days.

Further, while only barred in the District of Columbia, and without a pro hac vice sponsor, this attorney drafted and submitted various pleadings on behalf of her client in Maryland. Finally, this attorney failed to obtain the trial transcripts required for her client’s appeal in the Maryland Court of Special Appeals which resulted in the dismissal of her client’s appeal. These actions violated the Maryland Lawyers’ Rules of Professional Conduct Rules: 1.1 (Competence); 4.1 (Truthfulness in Statements to Others); 5.5 (Unauthorized Practice of Law; Multijurisdictional Practice of Law); 8.1 (Bar Admission and Disciplinary Matters); and 8.4(a), (c), and (d) (Misconduct). Circuit Court for Montgomery County Case No. 433322-V Argued: November 5, 2018 IN THE COURT OF APPEALS OF MARYLAND Misc.

Docket AG No. 11 September Term, 2017 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. MELINDA MALDONADO Barbera, C.J. Greene, McDonald, Watts, Hotten, Getty, Adkins, Sally D., (Senior Judge, Specially Assigned) JJ. Opinion by Getty, J. Filed: March 6, 2019 Pursuant to Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic. 2019-08-16 10:57-04:00 Suzanne C. Johnson, Clerk This attorney discipline case involves conduct of an out-of-state attorney during her representation of a Maryland resident in a toxic mold case. While representing her client, the attorney called her client’s doctor, held herself out as a medical doctor, and sought the alteration of her client’s medical records. When the attorney was unable to reach the doctor, the attorney repeatedly called the doctor’s office over the course of two days and eventually made unprofessional comments about the doctor.

Furthermore, while only barred in the District of Columbia, and without a pro hac vice sponsor, the attorney drafted and filed various pleadings on behalf of her client before Maryland courts. Finally, this attorney failed to obtain the trial transcripts required for her client’s appeal in the Maryland Court of Special Appeals which resulted in the dismissal of that appeal. For the reasons explained below, we hold that this attorney’s conduct merits disbarment. BACKGROUND Procedural Context On May 23, 2017, the Attorney Grievance Commission of Maryland, acting through Bar Counsel filed a Petition for Disciplinary or Remedial Action (“Petition”) with the Court of Appeals alleging that Melinda Maldonado (“Ms. Maldonado”) had violated the Maryland Lawyers’ Rules of Professional Conduct (“MLRPC” or “Rules”).1 See Md. Rule 1 Effective July 1, 2016, the MLRPC were renamed the Maryland Attorneys’ Rules of Professional Conduct (“MARPC”) and recodified in Title 19 of the Maryland Rules.

Since Ms. Maldonado’s misconduct occurred before and after the effective date of the recodification of the rules of professional conduct, she committed violations of the same rules of professional conduct under both the MLRPC and the MARPC. For simplicity, and because there is no substantive difference in the two codifications of the rules, we shall use the shorter designations of the MLRPC, e.g., “Rule 1.1.” 19-721. Although not admitted to practice in Maryland, Ms. Maldonado is subject to the disciplinary authority of Maryland pursuant to Rule 8.5(a)(2). The Petition alleged that Ms. Maldonado, during her representation of Gladys Duren (“Ms. Duren”), violated the following Rules: 1.1 (Competence); 4.1 (Truthfulness in Statements to Others); 4.4 (Respect for Rights of Third Persons); 5.5 (Unauthorized Practice of Law; Multijurisdictional Practice of Law); 8.1 (Bar Admission and Disciplinary Matters); and 8.4 (Misconduct).2 We designated Judge Deborah L. Dwyer (“the hearing judge”) of the Circuit Court for Montgomery County by Order dated June 1, 2017 to conduct a hearing concerning the alleged violations and to provide findings of fact and recommended conclusions of law.

See Md. Rule 19-722(a). The Clerk of the Circuit Court for Montgomery County (“Clerk”) issued a summons to be served upon Ms. Maldonado, and on June 19, 2017, Bar Counsel emailed the petition, transmittal order, and summons to Ms. Maldonado and asked if she would consent to electronic service of process. Ms. Maldonado never responded. Bar Counsel retained a process server to serve Ms. Maldonado.

The process server was unsuccessful. As a result, the Clerk reissued the summons. Bar Counsel again emailed the petition, transmittal order, and summons on August 29, 2017 to Ms. Maldonado to request electronic service of process. Ms. Maldonado responded to Bar Counsel’s request two days later and stated that she refused to accept electronic service of process.

The process server also attempted service upon Ms. Maldonado again in person and failed. 2 Bar Counsel later withdrew its Rule 8.1 violation allegation. 2 As a result of these interactions, Bar Counsel filed a Motion to Permit Service Upon Employee Designated by the Client Protection Fund of the Bar of Maryland pursuant to Maryland Rule 19-723(b). Bar Counsel was successful in serving the Executive Director of the Client Protection Fund of the Bar of Maryland. Ms. Maldonado failed to file a timely answer, causing Bar Counsel to file a request for an order of default. Eventually, Ms. Maldonado retained Joseph A. Rillotta, Esquire and Margaret E. Matavich, Esquire who filed an opposition to the motion for order of default.

In response, Bar Counsel consented to an extension of time for Ms. Maldonado to file an answer. Ms. Maldonado filed her answer on December 19, 2017, and Bar Counsel withdrew its motion. The hearing judge issued a scheduling order setting forth deadlines to propound and to complete discovery. Bar Counsel promptly served discovery within the times set forth in the scheduling order.

During this time, Ms. Maldonado sought to continue the discovery deadlines because she wished to proceed with new counsel. Bar Counsel opposed any continuation of this matter noting that Ms. Maldonado had already delayed the proceeding by evading service of process and failing to file a timely answer. Ms. Maldonado’s motion was ultimately denied. Mr. Rillotta and Ms. Matavich filed a Motion to Withdraw as Counsel pursuant to Maryland Rule 2-132(b).

Mark G. Chalpin, Esquire entered his appearance on behalf of Ms. Maldonado. A few weeks later, Mr. Chalpin moved to withdraw his appearance due to “irreconcilable differences” with Ms. Maldonado. Ms. Maldonado, now proceeding pro 3 se, filed a Motion to Reconsider the Court’s Order regarding the scheduling order. This motion was also denied.

On March 22, 2018, Bar Counsel filed a Motion for Sanctions based on Ms. Maldonado’s failure to provide responses to Bar Counsel’s Interrogatories, Requests for Production of Documents, and Requests for Admissions of Fact and Genuineness of Documents. Ms. Maldonado, now represented by William C. Brennan, Esquire, and Nicolas G. Madiou, Esquire, filed an Opposition to Petitioner’s Motion for Sanctions. Ms. Maldonado stated that her failure to timely answer discovery was due to illness and issues stemming from changes in representation. The hearing judge held the motion sub curia to give the parties additional time to resolve their discovery dispute.

On April 1, Ms. Maldonado provided Answers to Petitioner’s Interrogatories; on April 10, she provided responses to Bar Counsel’s Requests for Admissions of Fact and Genuineness of Law; and on April 20, Ms. Maldonado provided a partial response to Bar Counsel’s Request for Production of Documents. As a result of her incomplete discovery responses, the hearing judge granted in part and denied in part Bar Counsel’s Motion for Sanctions. The hearing judge precluded Ms. Maldonado from introducing any documents at trial which were not produced to Bar Counsel during discovery. The evidentiary hearing took place over the course of two days on April 30 and May 1.

At the evidentiary hearing, Bar Counsel and Ms. Maldonado presented evidence and several witnesses testified. The hearing judge submitted her findings of fact and conclusions of law by a written opinion to this Court. In her recommended conclusions of 4 law, the hearing judge found by clear and convincing evidence that Ms. Maldonado violated Rule 1.1, Rule 4.1, Rule 4.4, Rule 5.5, and Rule 8.4 (a), (c), and (d). On August 7, 2018, Ms. Maldonado filed a motion in this Court titled as follows: Respondent’s Motion to Dismiss this Prolonged (Almost Three Years) Unethical and Immoral Defamation, Harassment & Interference with Underlying Toxic Mold Litigation by Petitioner, Attorney Grievance Commission (AGC) of Maryland.

Alternatively, Respondent Motion for a Rehearing due to Egregious, Ineffective Assistance of Counsel by William C. Brennan & Nicholas Madiou & Due to Bias of Judge Debra Dwyer, Motions for a Change of Venue to Anne Arundel County, Judge Ronald Silkworth (due to County of Original Jurisdiction of Underlying Toxic Mold Case, Judge Silkworth’s Familiarity w/Issue of Petitioner’s, AGC’s, Pattern & Practice of Defaming & Harassing Respondents while Aiding & Abetting Defense Law Firms Representing Real Estate Companies who File Grievances Against Opposing, Plaintiffs’ Counsel (Respondents) to Disrupt Underlying Litigation all in the Name of Money. (“First Motion”). Two days later, Ms. Maldonado filed a second motion entitled: Pending this Honorable Court’s Review of Respondent’s Definitive Submissions on 8-7-18: Motion to Dismiss, and, Alternatively, Request for a Rehearing due to Ineffective Assistance of Counsel & Biased/Legal Errors/Incorrect Findings of Facts Based on False Hearsay by Judge Dwyer; Motion for Change of Venue to Anne Arundel County Before Judge Ronald Silkworth Given Original Jurisdiction of Underlying Toxic Mold Case and Judge Silkworth’s Experience with AGC-Respondent Hereby Inherently Submits this Motion to Extend Time to File Exceptions Document & Opposition to Motion for Sanctions & Will be Submitting in Turn Respondent’s Motion for Sanctions Against the AGC/Bar Counsel & a Supplement to Motion to Dismiss. (“Second Motion”).

As to her First Motion, this Court ordered action deferred pending oral argument. This Court granted her Second Motion to the extent that this Court permitted Ms. Maldonado to file any exceptions on or before September 5, 2018. Bar Counsel took no exceptions and Ms. Maldonado filed numerous exceptions to the hearing judge’s findings of fact and recommended conclusions of law. Ms. Maldonado 5 filed another motion to dismiss, entitled Respondent’s Motion to Dismiss Part 2: (“Third Motion”) on October 5, 2018 and filed an amended motion to dismiss, also entitled Respondent’s Motion to Dismiss Part 2: (“Fourth Motion”) two days later.

We heard oral argument in this matter on November 5, 2018. Facts We begin with a summary of the hearing judge’s factual findings. Ms. Maldonado has never been barred in Maryland. She was admitted to the Bar of the District of Columbia on November 14, 2003.

Since then, she has maintained a law office in Arlington, Virginia and has focused on representing personal injury clients, specifically the practice of toxic mold litigation. This matter involves multiple instances of misconduct stemming from a toxic tort action filed in Maryland in the Circuit Court for Anne Arundel County. Ms. Maldonado’s Unauthorized Practice of Law In the summer of 2013, David Haynes, Esquire, referred Ms. Duren, a Maryland resident, to Ms. Maldonado. Ms. Duren sought to sue her former landlord, Home Properties Resident Services, Inc. (“Home Properties”), because she alleged she became ill from toxic mold infestation in her rental townhome in Glen Burnie, Maryland.

After meeting with Ms. Duren, Ms. Maldonado drafted a complaint. With Ms. Maldonado’s assistance, Ms. Duren signed the complaint, indicated she was proceeding pro se, and filed the complaint with the Circuit Court for Anne Arundel County on April 24, 2014. The case was assigned case number 02-C-14-187157. Ms. Maldonado also filled out the case information report for Ms. Duren which Ms. Duren also signed and filed pro se.

Ms. 6 Maldonado drafted an amended complaint that Ms. Duren signed and filed. The amended complaint continued to indicate that Ms. Duren was proceeding pro se. Ms. Duren and Ms. Maldonado retained Christopher T. Nace, Esquire, and Paulson & Nace, PPLC to assist in the lawsuit. The retainer agreement between Ms. Maldonado, Ms. Duren, and Mr. Nace stated: This retainer agreement does not cover any appeals which may need to be filed on behalf of us as a consequence of an adverse event in my case.

If Paulson & Nace, PPLC agrees to prosecute such an appeal on my behalf, then a new retainer agreement may be drawn up. The retainer agreement stated further, “[i]f Paulson & Nace, PPLC comes to the conclusion that the case is non-meritorious or that it would be economically unsound to proceed, Paulson & Nace, PPLC reserves the right to seek its withdrawal.” Mr. Nace filed a motion for special admission pro hac vice on Ms. Maldonado’s behalf. The motion was granted and the order granting the motion specifically stated, “the presence of Maryland counsel, Christopher T. Nace, Esquire, is not waived, and Maryland counsel must appear at all proceedings and co-sign all pleadings and motions.” James S. Liskow, Esquire, and Emily F. Belanger, Esquire, of DeCaro, Doran, Siciliano, Gallagher & DeBlasis, LLP represented Home Properties. A jury trial took place between July 28–30, 2015.

At the end of Ms. Duren’s case, Mr. Liskow moved for a directed verdict. The circuit court granted the motion and entered judgment in favor of Home Properties. After the circuit court trial, Mr. Nace filed a notice of appeal with the circuit court pursuant to Maryland Rule 8-201(a) to preserve Ms. Duren’s right of appeal. Shortly after 7 the notice of appeal, Mr. Nace informed Ms. Duren that he and his firm would not be entering into a new agreement for services related to the appeal and would be withdrawing as counsel of record.

Ms. Duren consented. Mr. Nace informed Ms. Maldonado about his withdrawal from the appeal through email and stated: “I don’t believe that you can appear at the Court of Special Appeals, but I am not certain.” Ms. Maldonado responded and stated, “Yes, agreed. Maryland [c]ounsel is required.” However, after Mr. Nace withdrew, Ms. Maldonado continued to work on the case without a pro hac vice sponsor. Ms. Maldonado drafted pleadings and briefs for Ms. Duren to sign pro se and filed those pleadings in the Court of Special Appeals on behalf of Ms. Duren.

Eventually, Home Properties moved to dismiss the appeal pursuant to Maryland Rule 8-602 based on Ms. Duren’s failure to obtain the trial transcript pursuant to Maryland Rule 8-413(a)(2). The Court of Special Appeals denied the motion without prejudice and ordered Ms. Duren to “take all steps necessary to cause all transcripts necessary for this Appeal to be filed in the Circuit Court for Anne Arundel County on or before February 1, 2016.” The transcripts were never filed. Home Properties filed a second Motion to Dismiss which the Court of Special Appeals granted. Ms. Maldonado drafted Appellant’s Motion for Reconsideration of: Dismissal, Automatic Retrial, Extension of Time as Court Deems Reasonable & Waiver of Fees Given Severe Disability (“Motion for Reconsideration”).

Ms. Maldonado typed Ms. Duren’s electronic signature with Ms. Duren’s consent and electronically filed the document with 8 Ms. Duren’s email address. The Court of Special Appeals denied the Motion for Reconsideration and issued a Mandate. Next, Ms. Maldonado drafted a Petition for Writ of Certiorari for Ms. Duren. Ms. Maldonado typed Ms. Duren’s electronic signature and electronically filed the Petition for Writ of Certiorari using Ms. Duren’s email address on April 27, 2016 with this Court.

The Petition stated Ms. Duren was proceeding pro se. Ms. Maldonado also drafted the Certificate of Word Count and Compliance for Ms. Duren, typed Ms. Duren’s electronic signature, and electronically filed the document using Ms. Duren’s email address. Again, on June 14 and June 19, Ms. Maldonado drafted, typed Ms. Duren’s electronic signature, and electronically filed two documents entitled Pro Se Petitioner’s Reply-Part 1-to Respondents’ Answer to Petition for Writ of Certiorari and Pro Se Petitioner’s Reply-Part 2-to Respondent’s Answer to Petition for Writ of Certiorari. This Court denied the Petition for Writ of Certiorari as untimely filed.

Ms. Maldonado then drafted Pro Se & Severely Disabled Petitioner’s Motion for Reconsideration of Dismissal & Demand to Reinstate Case due to Early Not Late Filing, typed Ms. Duren’s electronic signature, and electronically filed the document using Ms. Duren’s email address. We denied the motion. After the denial, Ms. Maldonado drafted a Petition for Writ of Certiorari (“Petition”) to the Supreme Court of the United States. Again, the Petition stated Ms. Duren was proceeding pro se and Ms. Duren signed the Petition.

Ms. Duren consented to the entry of appearances of Ms. Maldonado and Relinda Louisy, Esquire, as her attorneys before the 9 Supreme Court. Ultimately, the Supreme Court issued an Order denying the Petition for Writ of Certiorari. Ms. Maldonado’s Communications with the Office of John Wiley, M.D. On February 9, 2015, Emily Belanger, Esquire, an attorney for Home Properties, issued a subpoena to Dr. John Wiley, a pulmonologist who treated Ms. Duren at Baltimore Washington Medical Center (“BWMC”). Ms. Maldonado called Dr. Wiley’s office on July 21, 2015 at 10:13 a.m.

Dr. Wiley’s medical assistant, Keisha Lipscomb, answered. Ms. Maldonado identified herself to Ms. Lipscomb as “Doctor Maldonado” and asked to speak with Dr. Wiley. Ms. Maldonado further stated she had information that Ms. Duren was exposed to toxic mold and that she needed to tell Dr. Wiley about the toxic mold exposure so it could be added to Ms. Duren’s records. Ms. Lipscomb stated that Dr. Wiley was unavailable to speak but that she would take a message for Dr. Wiley.

Ms. Maldonado called Dr. Wiley’s office four more times that day, at 10:48 a.m., 10:55 a.m., 11:31 a.m., and 11:38 a.m. Ms. Maldonado was unable to reach Dr. Wiley and grew increasingly frustrated. Eventually, Ms. Maldonado revealed that she was Ms. Duren’s attorney and that she needed documentation from Dr. Wiley immediately for a court filing. At 11:01 a.m., Ms. Lipscomb made the following entry in Ms. Duren’s patient log: DR MELINDA MALDONADO called. . . .

She would like to you [sic] call her, because she needs you to change your hospital note since you noted that the patient has allergies when in fact she was exposed to mold and needs to educate you on this. [S]he would like you to call asap since she has to file paperwork within 15 min. [S]tates she is a physician and a lawyer? 10 Ms. Lipscomb testified she was confused by Ms. Maldonado’s phone calls and was unsure how to answer them. Ms. Lipscomb’s supervisor eventually instructed her not to speak with Ms. Maldonado. The calls were transferred to the office manager, Michelle Andrade. Ms. Lipscomb reviewed Ms. Duren’s medical chart to determine if she could determine why Ms. Maldonado was repeatedly calling.

Ms. Lipscomb found the subpoena from Ms. Belanger, whom she believed was Ms. Duren’s attorney, in the file. At 11:18 a.m., Dr. Elizabeth McIlmoyle made the following entry in Ms. Duren’s patient log: This person called 4 x so far today, asking the above [as described in Ms. Lipscomb’s note]. She spoke w/ [M]ichelle, [K]esha and [A]ndrea. Kesha called the [patient’s] lawyer (who we have sent records to before w/signed release and whose info is in the chart) and spoke w/paralegal Joan-they stated they do not know who she is.

We do not have releases to speak w/her or give any information. Ms. Lipscomb googled Ms. Maldonado’s name and discovered that she was not a physician, but instead was a toxic torts attorney. Dr. McIlmoyle wrote an addendum in the patient log: ADDENDUM: 1159AM As addendum to above, think lawyers we spoke w/(and have documentation of in chart: [D]ecaro/[D]oran) are defendant counsel, not patient’s lawyer. In any case, we do not have [a] release for speaking with the above person.

Dr. Wiley wrote “Noted. JW” in the patient’s log at 1:53 p.m. The next day, Ms. Maldonado called Dr. Wiley’s office at least two more times. At 12:18 p.m., Dr. Wiley’s employee wrote a note in the patient log that “Dr. MELINDA MALDONADO called again today asking for Dr. Wiley. . . she wanted me to page Dr. 11 Wiley and I told her I cannot do that and she hung up.” Dr. Wiley’s employee notified the answering service that if someone named Dr. Maldonado attempted to page Dr. Wiley, that the answering service should forward those calls to the office and should not page Dr. Wiley.

At 12:23 p.m., the office manager made the following note in the patient log: [A]nswering service called and [p]ut Dr. [M]aldonado through again since she was trying to reach [D]r. [W]iley at the hospital. I explained to her I am not paging the physician and that he has the message. [S]he stated it was urgent and I explained that again I am not paging him. She then stated how rude he is and that he has not returned the call. I told her that he is not going to since there is nothing on file from the patient that we can talk to her. [S]he stated that all she wants him to do is change his hospital note, again I told her he is not going to do that. [S]he stated she will go through medical records at [BWMC] and she will track him down and make him change the note and she hung up.

At one point, Ms. Maldonado questioned Dr. Wiley’s competence and intelligence and called him a “backwoods” physician. In addition to referring to herself as Dr. Maldonado, she also told Dr. Wiley’s staff that she went to medical school. STANDARD OF REVIEW In an attorney discipline proceeding, this Court reviews for clear error a hearing judge’s findings of fact and reviews without deference a hearing judge’s conclusions of law. See Md. Rule 19-741(b)(2)(B) (“The Court [of Appeals] shall give due regard to the opportunity of the hearing judge to assess the credibility of witnesses.”); Attorney Grievance Comm’n v. Chanthunya, 446 Md. 576, 588 (2016) (“This Court reviews for clear error a hearing judge’s findings of fact.” (citations omitted)); Md. Rule 19-741(b)(1) (“The Court of Appeals shall review de novo the [hearing] judge’s conclusions of law.”). 12 This Court determines whether clear and convincing evidence establishes that a lawyer violated an MLRPC.

See Md. Rule 19-727(c) (“Bar Counsel has the burden of proving the averments of the petition [for disciplinary or remedial action] by clear and convincing evidence.”). If exceptions to the findings of fact are filed, the Court “shall determine whether the findings of fact have been proven by the requisite standard of proof set out in Rule 19-727(c).” Md. Rule 19-741(b)(2)(B). DISCUSSION The authority to discipline an out-of-state attorney who provides legal services in Maryland is provided in Maryland Rule 8.5(a)(2). “Under that rule, an attorney who is not admitted in Maryland is subject to the disciplinary authority of this Court if the attorney, among other things: (1) provides or offers to provide any legal services in Maryland.” Attorney Grievance Comm’n v. Ndi, 459 Md. 42, 54 (2018). As a result, Ms. Maldonado is subject to discipline in Maryland.

Bar Counsel did not except to any of the hearing judge’s findings of fact or recommended conclusions of law. Ms. Maldonado takes numerous exceptions to the hearing judge’s factual findings and recommended conclusions of law. Additionally, Ms. Maldonado excepts to the hearing judge’s evaluation of the aggravating and mitigating factors found in this matter, contending that the finding of certain aggravating factors was not appropriate and that additional mitigating factors should have been found. Finally, as a preliminary matter, all of Ms. Maldonado’s motions to dismiss are denied.

We have reviewed the motions and Ms. Maldonado’s contentions lack any merit. 13 Exceptions to the Hearing Judge’s Findings of Fact Findings of Fact About the Unauthorized Practice of Law First, as to the unauthorized practice of law, Ms. Maldonado contends the hearing judge should have made additional findings of fact surrounding what Ms. Maldonado believes was a conspiracy between the Complainant Mr. Liskow, who represented Home Properties in the underlying mold litigation, Mr. Nace, her Maryland pro hac vice sponsor, and Bar Counsel to thwart the underlying litigation between Home Properties and Ms. Duren. Ms. Maldonado did not present any evidence to the hearing judge of this alleged conspiracy. In fact, Mr. Liskow specifically testified he waited until the conclusion of the underlying litigation to write a letter to notify Bar Counsel of Ms. Maldonado’s misconduct. Furthermore, these allegations have no bearing on Ms. Maldonado’s disciplinary hearing as Bar Counsel has conducted its own independent investigation into these allegations and has brought forth these charges against Ms. Maldonado.

See Md. Rule 19-711(b). There is no evidence this disciplinary proceeding was instigated as a tactic in the underlying toxic tort litigation. Rather, the Complainant complied with Maryland’s Rules and reported Ms. Maldonado’s misconduct after interacting with her as opposing counsel in the tort litigation. Accordingly, we overrule Ms. Maldonado’s exception.

Second, Ms. Maldonado contends the hearing judge should have made additional findings of fact surrounding her efforts to obtain Maryland counsel and find a pro hac vice sponsor while she was drafting the complaints and pursuing the appeal. She claims her pursuit of Maryland counsel permitted her to move forward with her representation of Ms. Duren without a pro hac vice sponsor in Maryland. Alternatively, Ms. Maldonado 14 contends the hearing judge should have made additional findings of fact that she informed Ms. Duren and her family that they would need to obtain new Maryland counsel for the appeal and that Ms. Maldonado was not available for the appellate work because she had to go out-of-state in order to care for her mother. We conclude that the omission of these facts was not clearly erroneous.

These omitted facts have no bearing on this Court’s consideration of violations of Rule 5.5. See Attorney Grievance Comm’n v. Moore, 451 Md. 55, 75 (2017) (citing Attorney Grievance Comm’n v. Sheinbein, 372 Md. 224, 241 (2002) (A “hearing judge’s omission of a factual finding is not clearly erroneous when the fact has ‘little bearing on the outcome of [the] proceeding and is irrelevant.’”). As to her initial contention, Ms. Maldonado is correct that an attorney may render services in Maryland on a temporary basis if the attorney anticipates admission pro hac vice. Rule 5.5(c)(2) states: An attorney admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that: are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the attorney, or a person the attorney is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized[.] However, Ms. Maldonado ignores Comment 10 to Rule 5.5 which expands on the proper application of Rule 5.5(c)(2) and states, “[e]xamples of such conduct include meetings with the client, interviews of potential witnesses, and the review of documents.” Drafting the complaint and preparing multiple appellate filings clearly extends beyond the scope of rendering services on a temporary basis.

Therefore, the additional fact that Ms. 15 Maldonado searched for Maryland counsel does not excuse her conduct and the hearing judge’s omission was not clearly erroneous. As to the alternative findings of fact Ms. Maldonado requested from the hearing judge, specifically that Ms. Maldonado informed Ms. Duren that she would need to find new counsel for her appeal and that Ms. Maldonado was not acting as counsel because her mother was sick, either of those findings would be contrary to the factual findings of the hearing judge. We conclude the hearing judge did not clearly err in finding that Ms. Maldonado continued to represent Ms. Duren in the appeal. “A hearing judge does not clearly err in finding a fact where ‘there is any competent evidence to support the’ finding of fact.” Attorney Grievance Comm’n v. Donnelly, 458 Md. 237, 276 (2018) (quoting Attorney Grievance Comm’n v. Merkle, 440 Md. 609, 633 (2014)). The hearing judge is in the best position to make these types of credibility evaluations and we cannot find that the hearing judge was clearly erroneous.

See Attorney Grievance Comm’n v. Hodes, 441 Md. 136, 181 (2014) (“We generally ‘defer to the credibility findings of the hearing judge.’”) (citing Attorney Grievance Comm’n v. Agbaje, 438 Md. 695, 722 (2014)). Ms. Duren testified that Ms. Maldonado drafted and filed the appellate documents with Ms. Duren’s consent. Further, Ms. Duren stated she did not know how to file any of the documents herself and that they drafted and filed the documents together. The hearing judge evaluated the evidence and weighed Ms. Duren’s testimony and Ms. Maldonado’s testimony.

We will not overrule the hearing judge’s conclusion that Ms. Maldonado continued to represent Ms. Duren throughout the appellate proceedings. 16 As to Ms. Maldonado’s allegations that she was unavailable due to her mother’s illness, that evidence is more properly suited for mitigation. In any event, Ms. Maldonado provided no documentation, beyond her own testimony, of her time out-of-state. Therefore, the hearing judge did not clearly err in her findings and Ms. Maldonado’s exceptions are overruled. Findings of Fact About Ms. Maldonado’s Communications with Dr. Wiley’s Office Ms. Maldonado believed the hearing judge should have found that Ms. Maldonado introduced herself as “Dr. Maldonado” and immediately clarified that she was an environmental attorney and toxic tort legal specialist.

As evidence of this fact, Ms. Maldonado cites to the call log. Ms. Maldonado contends that she clearly disclosed that she was representing Ms. Duren in a legal matter and that she clearly stated she was an environmental attorney. She also contends that the hearing judge was incorrect that she sought alteration of her client’s medical records. Further, she states that Ms. Duren’s medical records already reflected that Ms. Duren was exposed to toxic mold for three years and that she was allergic to penicillin so alteration of the records would not have been necessary.

Ms. Maldonado contends that the reason that she called Dr. Wiley’s office was for two distinct reasons: (1) that she wanted to discuss the severity of Ms. Duren’s condition due to toxic mold and (2) to try to obtain a letter from Dr. Wiley regarding Ms. Duren’s condition to include in support of a motion for new trial. Ms. Maldonado claims she did not state she went to medical school and only wanted Dr. Wiley’s staff to know she had 17 knowledge and a background in medical science to support her legal experience with toxic mold. The hearing judge is in the best position to make these types of credibility evaluations. See Hodes, 441 Md. at 181 .

The hearing judge reviewed the evidence and testimony to reach the conclusion that Ms. Maldonado held herself out as a medical doctor to Dr. Wiley’s office. Testimony from those working at Dr. Wiley’s office and the patient log admitted into evidence support the hearing judge’s conclusion. We cannot say the hearing judge’s findings of fact involving Ms. Maldonado’s interactions with Dr. Wiley’s office staff were clearly erroneous. Therefore, Ms. Maldonado’s exceptions are overruled.

Exceptions to the Hearing Judge’s Conclusions of Law As a general statement supporting her exceptions, Ms. Maldonado contends that throughout the proceedings her intentions were altruistic and that she was always seeking to protect Ms. Duren and her legal rights. As described below, she also provided a more specific basis for the following exceptions as to each conclusion of law. Rule 1.1 Rule 1.1 requires that an attorney “shall provide competent representation to a client.” “Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” R. 1.1. An attorney violates Rule 1.1 if she “fails to act or acts in an untimely manner, resulting in harm to his or her client.” Attorney Grievance Comm’n v. Brown, 426 Md. 298, 319 (2012).

Failure to take “necessary, fundamental steps to further the client’s case” violates Rule 1.1. Attorney Grievance Comm’n v. Garrett, 427 Md. 209, 223 (2012). The hearing judge found Ms. 18 Maldonado violated Rule 1.1 when she failed to obtain the trial transcripts pursuant to Maryland Rule 8-413(a)(2) in order to proceed with Ms. Duren’s appeal in the Court of Special Appeals. Ms. Maldonado’s failure to obtain the transcripts caused Ms. Duren’s appeal to be dismissed by the Court of Special Appeals pursuant to Maryland Rule 8-602.

Ms. Maldonado contends that she was never Ms. Duren’s counsel for the appeal and thus was not required to ensure that the transcript was filed. We overrule Ms. Maldonado’s exception to Rule 1.1. We affirmed the hearing judge’s finding of fact that Ms. Maldonado represented Ms. Duren without a pro hac vice sponsor throughout the appellate process. The evidence clearly illustrates that Ms. Maldonado was not simply assisting Ms. Duren in her appeal but instead was directly representing Ms. Duren.

Moreover, under this unauthorized practice of law, Ms. Duren was relying on Ms. Maldonado as her appellate counsel. As a result, Ms. Maldonado was responsible for obtaining the appropriate transcripts or terminating her representation of Ms. Duren. Further supporting this violation by Ms. Maldonado is the fact that the Court of Special Appeals initially denied Home Properties’ Motion to Dismiss so that Ms. Duren could “take all steps necessary to cause all transcripts necessary for this Appeal to be filed in the Circuit Court for Anne Arundel County on or before February 1, 2016.” Despite this directive, Ms. Maldonado took no further action in the Court of Special Appeals and her failure eventually caused Ms. Duren to forfeit her right of appeal. Ms. Maldonado’s failure to order the proper transcripts reflects a lack of competence and her exception is overruled.

Therefore, we affirm the hearing judge’s conclusion that Ms. Maldonado’s failure to file a 19 transcript in the Court of Special Appeals to preserve her client’s appeal provided clear and convincing evidence of a lack of competence in violation of Rule 1.1. Rule 4.1 Rule 4.1(a) requires in part that “[i]n the course of representing a client an attorney shall not knowingly: (1) make a false statement of material fact or law to a third person[.]” Comment [1] to the Rule provides: An attorney is required to be truthful when dealing with others on a client’s behalf. . . . A misrepresentation can occur if the attorney incorporates or affirms a statement of another person that the attorney knows is false. Misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements.

The hearing judge determined Ms. Maldonado twisted the truth and deliberately intended to mislead Dr. Wiley’s office to obtain something on behalf of Ms. Duren. Specifically, in her dealings with Dr. Wiley’s office, Ms. Maldonado did not clearly disclose that she was representing Ms. Duren in a legal matter and that her requests related to a pending trial. Further, Ms. Maldonado used the title “Doctor” which was a deliberate and calculated move that Ms. Maldonado intended to be misleading. Ms. Maldonado wanted Dr. Wiley’s staff to think that she was a medical doctor and she further misled them when she informed them that “I went to med[ical] school.” The hearing judge concluded Ms. Maldonado was in violation of Rule 4.1 as a result of these factual findings.

In excepting to the hearing judge’s conclusion of law, Ms. Maldonado states that she clearly identified herself as Ms. Duren’s environmental attorney and never identified herself as a physician. She stated she immediately clarified that she was an attorney representing Ms. Duren. Further, she states she never misled anyone or attempted to 20 mislead anyone. Rather, she wanted to speak with Dr. Wiley to discuss Ms. Duren’s condition in order to convince him to support her motion for a new trial.

Ms. Maldonado’s exception is inconsistent with her testimony. In fact, she testified that she identified herself as “Doctor Maldonado” so that she could “baby step her way in” because she often found doctors’ office staff rude to her when she identifies herself as an attorney. Further, Ms. Maldonado’s claim that she clearly identified herself as Ms. Duren’s attorney is inconsistent with the fact that Dr. Wiley’s staff was confused as to her identity and the purpose of her phone calls. The entries in the patient log illustrate the office’s confusion as to Ms. Maldonado’s identity.

The factual findings allow us to conclude that Ms. Maldonado held herself out as a medical doctor in an attempt to confuse Dr. Wiley’s staff and gain access to Dr. Wiley. Ms. Maldonado knew she could not gain the same access if she identified herself as an attorney. We doubt that Ms. Maldonado would have used the title “Doctor” if she was calling any other professional office. Rule 4.1 encompasses misrepresentations that are “partially true but misleading statements or omissions.” We are persuaded that there was clear and convincing evidence that Ms. Maldonado held herself out as a medical doctor to mislead the staff as to her identity.

Accordingly, we agree with the hearing judge that clear and convincing evidence exists to conclude Ms. Maldonado violated Rule 4.1 and we overrule Ms. Maldonado’s exception. Rule 4.4 Rule 4.4(a) provides that “[i]n representing a client, an attorney shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, 21 or use methods of obtaining evidence that the lawyer knows violate the legal rights of such a person.” Comment [1] to the Rule states: Responsibility to a client requires an attorney to subordinate the interests of others to those of the clients, but that responsibility does not imply that an attorney may disregard the rights of third persons. . . . It is impractical to catalogue all such rights, but they include legal restrictions on methods of obtaining evidence from third persons and unwarranted intrusions into privileged relationships, such as the client-attorney relationship. The hearing judge concluded that Ms. Maldonado’s numerous phone calls over the course of two days harassed Dr. Wiley’s staff and violated Ms. Duren’s rights in violation of Rule 4.4.

In her exception to the finding of a Rule 4.4