January 31, 2013
Suspension For Bait-And-Switch
The Maryland Court of Appeals has imposed an indefinite suspension of no less than 90 days in matters arising from the attorney's relationship with a loan modification business.
The court agreed with Bar Counsel that the attorney violated Rule 1.5 (fees) by leading a complainant to believe that she was getting legal, as opposed to lay, services:
The retainer agreement between [the complainant] and the [law] firm explicitly detailed legal services that would be provided, including negotiation on her behalf, that, by [the attorney's] own testimony at the hearing, he never provided. In fact, [he] testified that he knew it was not possible to negotiate with the lenders on behalf of the borrowers early in this practice but "just never changed the document" to eliminate that language to reflect the actual legal services he was capable of providing.
The attorney admitted that he did not provide legal services to the complainant. (Mike Frisch)
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