Attorney Grievance Comm'n of Md. v. Brian Grayson West, 411 Md. 3

Summary

The Maryland Court of Appeals considered disciplinary charges against Brian Grayson West arising from his handling of client and partnership funds, including alleged commingling, unauthorized disbursements, and use of trust funds for personal and law-firm purposes. The hearing judge found violations of Maryland professional-conduct rules governing conflicts of interest, safekeeping property, and misconduct, as well as Maryland's prohibition on misuse of trust money.

Holdings

1. The established factual findings supported the conclusions that West violated Maryland Rule 1.8(a), Rule 1.15(a)-(c), Rules 8.4(b)-(d), Maryland Rules 16-607 and 16-609, and Maryland Code, Business Occupations and Professions Article § 10-306.
2. The Court of Appeals reviews a hearing judge's conclusions of law essentially de novo, while accepting supported factual findings that are not clearly erroneous.
3. Disbarment was the appropriate sanction because West intentionally misappropriated trust funds and engaged in dishonest and deceitful conduct, and no compelling extenuating circumstances justified a lesser sanction.

Questions Presented

1. Whether the hearing judge's factual findings supported conclusions that West violated Maryland Rule 1.8(a), Rule 1.15(a)-(c), Rules 8.4(b)-(d), Maryland Rules 16-607 and 16-609, and Maryland Code, Business Occupations and Professions Article § 10-306.
2. Whether West's asserted authority as an officer or executive director of the client entities, and his lack of intent to violate ethical rules, defeated the charged violations.
3. What sanction was appropriate for intentional misappropriation of trust funds and related dishonest and deceitful conduct in the absence of compelling extenuating circumstances.

Disposition

other