Thursday, October 6, 2022

Whereas

The Maryland Court of Appeals has reinstated a petitioner suspended in 2013 noting the opposition of Bar Counsel

Bar Counsel objected to Petitioner’s reinstatement on the grounds that: (1) Petitioner allegedly made a false statement in the Petition by stating he had complied with the requirements of Maryland Rule 19-741 when at the time of his suspension, almost nine years ago, Petitioner had failed to submit to Bar Counsel the affidavit required under Maryland Rule 16-760 (the earlier version of Rule 19-741); (2) Petitioner failed to timely file income tax returns for tax years 2015-2018 (having filed the income tax returns in 2020); and (3) Petitioner had failed to demonstrate that he has kept informed about recent developments in the law and that he is competent to practice law as required under Maryland Rule 19-752(h)(2)(G).

Precedent

in Collins, 477 Md. at 499, 270 A.3d at 927, this Court cautioned Bar Counsel that, “[i]n determining whether to seek the Commission’s authorization for the filing of a petition for disciplinary or remedial action alleging that an attorney has knowingly made a false statement in connection with a petition for reinstatement, Bar Counsel must be watchful for cases in which attorneys are doing nothing more than filing a petition for reinstatement and stating their views with respect to having satisfied all of the necessary prerequisites as opposed to attorneys who are knowingly making false statements in a petition for reinstatement”

Tax issue

in March 2020, the Petitioner entered into a Payment Agreement with the Maryland Comptroller for payment of $6,6,81.34 in taxes, interest and penalties owed for tax years 2012-2017. The Petitioner has complied with, and fully
satisfied, the Payment Agreement[,]” and states that “[t]he Petitioner timely filed his 2019- 2022 income tax returns”

As to Bar Counsel's view that he should take and pass the bar exam

this Court is not persuaded by Bar Counsel’s objections and declines to impose the aforementioned recommended condition of reinstatement

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2022/10/the-maryland-court-of-appeals-with-a-number-of-whea-has-reinstated-a-petitioner-suspended-in-2013.html

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