Summary
The Maryland Court of Appeals held that Patrick Lewis Sullivan violated multiple Maryland Rules of Professional Conduct while serving as personal representative of an estate, including rules concerning competence, diligence, safekeeping property, disciplinary inquiries, and misconduct. The court found that Sullivan misappropriated estate funds and engaged in dishonest conduct, and it ordered his disbarment and payment of costs.
Topics
Practice areas
Questions Presented
- What sanction should be imposed after the hearing court found that Sullivan violated the Maryland Rules of Professional Conduct by neglecting the estate, mishandling estate property, failing to respond to disciplinary authorities, and misappropriating estate funds?
Holdings
- Misappropriation by an attorney of funds entrusted to the attorney's care ordinarily warrants disbarment absent compelling extenuating circumstances justifying a lesser sanction.
- Sullivan was disbarred and ordered to pay the costs of the disciplinary proceeding.
Key quotations
“It is well settled in this State that misappropriation, by an attorney, of funds entrusted to his or her care "is an act infected with deceit and dishonesty and ordinarily will result in disbarment in the absence of compelling extenuating circumstances justifying a lesser sanction."” (801 A.2d at 1080)
“IT IS SO ORDERED; RESPONDENT SHALL PAY ALL COSTS AS TAXED BY THE CLERK OF THIS COURT, INCLUDING THE COSTS OF ALL TRANSCRIPTS, PURSUANT TO MARYLAND RULE 16-715(c), FOR WHICH SUM JUDGMENT IS ENTERED IN FAVOR OF THE ATTORNEY GRIEVANCE COMMISSION OF MARYLAND AGAINST PATRICK LEWIS SULLIVAN.” (801 A.2d at 1080)
Factual background
Patrick Lewis Sullivan served as personal representative of the estate of former State Senator William H. Amoss. Despite court orders and settlement agreements requiring prompt administration and an accounting, Sullivan failed to administer the estate, communicate with interested parties, or timely produce estate records. He also drew approximately $50,500 in checks from the estate account payable to himself, despite lacking court approval and having agreed to limit compensation, and failed to respond to Bar Counsel's requests for information.
Procedural history
The Attorney Grievance Commission filed a Petition for Disciplinary Action against Sullivan. The Court of Appeals referred the matter to the Circuit Court for Baltimore County for a hearing and findings of fact and conclusions of law. The hearing court found violations of Rules 1.1, 1.3, 1.15, 8.1(b), and 8.4(b), (c), and (d). With no exceptions to those findings, the Court of Appeals adopted the petitioner's recommendation of disbarment.