Attorney Grievance Comm'n of Md. v. Sacks, 458 Md. 461

Summary

The Maryland Court of Appeals disbarred Stephen Howard Sacks for extensive professional misconduct involving multiple clients. The misconduct included misappropriating client funds, fabricating documents, making misrepresentations, pursuing frivolous litigation, and failing to cooperate with disciplinary proceedings. The court held that Sacks violated numerous Maryland Lawyers’ Rules of Professional Conduct and ordered disbarment.

Holdings

1. Clear and convincing evidence established that Sacks violated MLRPC 1.2(a), 1.3, 1.4(a)(2), 1.4(a)(3), 1.4(b), 1.5(a), 1.15(a), 1.15(c), 1.15(d), 1.15(e), 1.16(d), 3.1, 3.4(c), 3.4(d), 8.1(b), 8.4(b), 8.4(c), 8.4(d), and 8.4(a), except that the evidence did not establish a violation of MLRPC 1.15(e) as to Anderson or support one MLRPC 3.1, 3.4(c), and 3.4(d) conclusion tied to an unidentified September 4, 2013 order.
2. The evidence did not establish a violation of MLRPC 1.15(e) in representing Anderson because the record did not show that Anderson or his fiancé requested a refund or otherwise initiated a fee dispute.
3. The Court did not find clear and convincing evidence supporting the conclusions tied to an alleged September 4, 2013 order because the record did not appear to include that order and the Court could not discern the basis for the conclusions.
4. Disbarment was necessary to protect the public and the public's confidence in the legal profession.

Questions Presented

1. Whether clear and convincing evidence established that Sacks violated the charged Maryland Lawyers' Rules of Professional Conduct.
2. Whether the hearing judge correctly concluded that Sacks violated MLRPC 1.2(a), 1.3, 1.4, 1.5(a), 1.15, 1.16(d), 3.1, 3.4(c), 3.4(d), 8.1(b), 8.4(b), 8.4(c), 8.4(d), and 8.4(a).
3. Whether the record supported the hearing judge's conclusions concerning Sacks's conduct in the Tindeco litigation, including the identification of one unsupported conclusion based on an apparent typographical error and an absent order.
4. What sanction was appropriate for Sacks's numerous violations, including intentional dishonesty and misappropriation of client funds.

Disposition

other