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Danny Son v. Margolius2/26/1997
The first basis for his claim, i.e., the violation of the confidence Mr. Son placed in his lawyers, remains viable. Without deciding whether the attorneys' alleged failure to disclose amounts to constructive fraud, we conclude that the lack of a barratry violation did not mandate entry of judgment on that count. As this was the basis asserted by appellees in their motions below, this also limits our analysis.
Finally, we consider Mr. Son's civil conspiracy count. Appellant alleged that appellees and Ms. Son conspired to pay a fee to Ms. Park pursuant to an illegal fee agreement and to conceal that agreement from Mr. Son. Civil conspiracy is not recognized in Maryland as an independent cause of action. See Alexander & Alexander, Inc. v. Evander & Associates, Inc., 336 Md. 635, 645 n.8, 650 A.2d 260 (1994); Van Royen v. Lacey, 262 Md. 94, 97-98, 277 A.2d 13 (1971). One alleging such a claim must demonstrate some other unlawful or tortious activity. Thus, in order to state a claim for civil conspiracy, a plaintiff must show: (1) an agreement or understanding between two or more persons; (2) some unlawful or tortious act done in furtherance of the conspiracy or use of unlawful or tortious means to accomplish an act not itself illegal; and (3) actual legal damage to the plaintiff. VanRoyen, 262 Md. at 98. Appellees focus their attention on the second prong of this cause of action, maintaining that the failure of Mr. Son's "barratry claim" removes the requisite unlawful act.
We have concluded that Mr. Son's negligence and fraud-based claims against Mr. Stein and the law firm remain viable. We further conclude that these tortious acts, if proven, might satisfy the second element of a civil conspiracy claim. We acknowledge that because there was no barratry violation in the instant case, that claim may not be used to satisfy this element. The other torts alleged by Mr. Son, however, may. We determine, therefore, that summary judgment was improper in this regard as to all appellees.
In sum, we shall affirm the judgment with regard to Mr. Son's void contract claim (Count I) and reverse the judgment on all other counts.
JUDGMENT OF THE CIRCUIT COURT FOR MONTGOMERY COUNTY AFFIRMED IN PART AND REVERSED IN PART; CASE REMANDED FOR FURTHER PROCEEDINGS NOT INCONSISTENT WITH THIS OPINION; COSTS TO BE PAID 25% BY APPELLANT, 25% BY APPELLEE PARK; 25% BY APPELLEE STEIN, AND 25% BY APPELLEES MARGOLIUS, MALLIOS, DAVIS, RIDER & TOMAR.
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