Maryland

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This information is for educational purposes only. Do not rely on these cases as being the most recent cases. They are here to teach or illustrate a point of law only.

 Rules of Conduct

Paralegal Regulation Confidentiality Conflicts of Interest Competence & Negligence

Attorney Grievance Commission
(go here for cases of attorney discipline)

Maryland State Bar
(Ethics Opinions database is Members Only)

Maryland's State Bar has paralegal membership

Maryland's Code of Civility

Baltimore County Bar Association

Prince George's County Bar Association

Montgomery County Bar Assocation

Maryland Paralegal Association

(The MD Paralegal Association keeps a job board on its website)

Rule 5.3

April 2011 Bar Survey on Paralegals

Maryland does not have any special form of paralegal regulation such as licensing or certification

Rule 1.6

Take steps to avoid disclosure of client information through metadata (See January 22 entry)

Maryland Rule 1.6(b)(1) allows a lawyer to disclose information that would prevent a client from committing not only a "criminal" act but also a "fraudulent" act. The criminal or fraudulent act must result in "death." It also permits disclosure to prevent "substantial injury to the financial interest or property of another."

Rules 1.7 - 1.11

Attorney disciplined for drafting a will that left a substantial bequest to his daughter (Attorney Grievance v. Lanocha, 896 A.2d 996, 392 Md. 234 (Md. App., 2006)

To prevail on a claim for legal malpractice, a former client must prove "(1) the attorney's employment, (2) the attorney's neglect of a reasonable duty, and (3) loss to the client proximately caused by that neglect of duty." Thomas v. Bethea, 351 Md. 513, 528-29, 718 A.2d 1187, 1195 (1998). ...The trial-within-a-trial doctrine is "the accepted and traditional means of resolving issues involved in the underlying proceeding in a legal malpractice action." Thomas, 351 Md. at 533, 718 A.2d at 1197 Suder v. Whiteford, Taylor & Preston, LLP,, No. 15, September Term, 2009 (Md. App. 4/9/2010) (Md. App., 2010).
UPL UPL/Misrepresentation Attorney/Client Privilege Advertising/Solicitation Client Trust Accounts
In Maryland, a lawyer who was never admitted to the MD bar can be "disbarred" Business Occupations Professions Sec. 10-601 (Misdemeanor: fine, incarceration or both)

A very clear explanation of the privilege and work-product rule. E.I. duPont de Nemours & Co. v. Forma-Pak, Inc., 351 Md. 396 (1998).

Privilege and spoliation
Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 WL 3530097 (D. Md. 2010)

Maryland Code Courts and Judicial Proceedings Art., § 9-108

2001 Article on Privilege, Work Product etc.

Clients are not merchandise. Attorney Grievance Commission of Maryland v. Potter, No. 92, September Term, 2002 (Md. App. 3/9/2004) (Md. App., 2004)

Attorney reprimanded for law firm name that implied that she had "associates" when she did not.

Attorney, reprimanded for allowing his paralegal to steal from the client trust account, hires another paralegal who also steals from him!
Fair Fees Paralegal Fees Intimate Relations with Clients Drug/Alcohol Abuse Pro Bono

Do flat fees belong to the client or the lawyer? In re Mance, 980 A.2d 1196 (D.C. 2009)

See also District of Columbia Legal Ethics Committee Legal Ethics Opinion 355, June 2010.

See also the recent amendment to Rule 1.15

This is a terrific fee-spliting case! A must-read! Son v. Margolius, Mallios, Davis, Rider & Tomar, 709 A.2d 112, 349 Md. 441 (Md., 1997)

Fee Shifting Attorneys Fees

 

Richlin v. Chertoff 2008 US Supreme Court recovery of paralegal fees

Rule 8.4

Attorney Grievance Commission v. Culver, Misc. Docket AG No. 35, September Term, 2002 (MD 5/13/2004) (Md, 2004)

Lawyer Assistance Program Pro Bono Resource Center of Maryland
Special Duties of the Prosecutor Overly Zealous Conduct Misc.

 

Reporting Misconduct .
Extrajudicial statements to the press (Attorney Grievance Commission v. Gansler 2002)

Interrupting the judge and opposing counsel, as well as missing a court date are all grounds for reprimand. Attorney is a zealous advocate. Attorney Grievance v. Mahone, 920 A.2d 458, 398 Md. 257 (Md. App., 2007)


 

 

 

An interesting case where a lawyer put the interests of his client before the preservation of his own license to practice law. Attorney Grievance Commission of Maryland v. Marcalus, Misc. Docket AG No. 2, September Term, 2009

.A Guide to Maryland Goverment

Judicial Ethics Opinions

Attorney Grievance Commission
(go here for cases of attorney discipline)
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