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Attorney Grievance Commission of Maryland v. Pennington6/22/2005
ent" with them. This argument fails to consider that the Butlers' willingness to settle for $10,000 is not determinative of the value of their claims. Respondent, acting on the Butlers' behalf, sought a settlement of $20,000, rejected Amica's $9,500 settlement offer, and filed a lawsuit seeking $100,000. Respondent could not determine the value of the Butlers' claims unilaterally. We overrule these exceptions.
Respondent excepts to the hearing judge's conclusion that her letter to Metro Orthopedics seeking a reduction of medical charges stated that the Butlers had accepted a settlement. She claims instead that the letter stated that the Butlers had received a settlement offer. We overrule this exception. Although respondent did not represent that the Butlers had accepted a settlement, this fact is beside the point. Respondent's letter was written after the Butlers' claim was dismissed, but she nonetheless referred to the settlement offer, and stated that a medical fee reduction "will facilitate an expeditious resolution of the subject third party claim."
Respondent excepts to the hearing judge's conclusion of law that she had violated Rule 1.4(a). Respondent argues that her failure to disclose the clerk's error or the dismissal of the case was warranted because she feared that Mrs. Butler, a client with whom she had developed a friendship, would feel some remorse or discomfort in taking money from respondent. Respondent relies upon the term "reasonably informed" in Rule 1.4, arguing that her decision not to disclose was reasonable.
The Comment to Rule 1.4 discusses the appropriateness of withholding information. The Comment states as follows: "Withholding information. - In some circumstances, a lawyer may be justified in delaying transmission of information when the client would be likely to react imprudently to an immediate communication. Thus, a lawyer might withhold a psychiatric diagnosis of a client when the examining psychiatrist indicates that disclosure would harm the client. A lawyer may not withhold information to serve the lawyer's own interest or convenience. . . ."
Respondent did not merely delay disclosure to the Butlers. Instead, she executed a "settlement" with them and, according to her testimony, intended that they not learn of the dismissal of the suit. Moreover, the Comment makes clear that a lawyer may not withhold information to serve the lawyer's own interest. As the hearing judge found, respondent's failure to provide the Butlers with the information regarding the dismissal deprived them of the information necessary to determine if they wished to pursue a malpractice claim against her. Her conduct violated Rule 1.4.
Respondent presents several exceptions to the hearing judge's findings of fact. Respondent excepts to the hearing judge's description of settlement negotiations with Amica as basically correct but "too terse to convey the full flavor of the history it addresses." We overrule this exception. The hearing judge is not required to set out all the facts in his findings and may select those deemed relevant and appropriate. See Attorney Grievance v. Zdravkovich, 381 Md. 680, 694, 852 A.2d 82, 90 (2004) (quoting Attorney Grievance v. Stolarz, 379 Md. 387, 398, 842 A.2d 42, 48 (2004), for the proposition that the "hearing judge as the trier of fact may elect to pick and choose which evidence to rely upon"). Respondent excepts to the hearing judge's finding as to the timing of the filing of the complaint. We accept respondent's correction and find that the complaint was filed on August 12, 2002. Respondent excepts to the hearing judge's finding that she did not consult with the Butlers before seeking dismissal of their case with pr
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