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Attorney Grievance Commission of Maryland v. Pennington6/22/2005
linde, 364 Md. 376, 418, 773 A.2d 463, 488 (2001))."
Vanderlinde, involving the intentional financial misappropriation genre of conduct violative of Rule 8.4 (c), is a seminal case, in that it sought to return some measure of consistency to the analysis of sanctions in intentional dishonesty cases. After documenting the tortured and sometimes inexplicable "all-over-the-ballpark" array of sanctions in cases of attorney dishonesty that preceded it, 364 Md. at 389-413, 773 A.2d at 471-485, Vanderlinde endeavored to restore a principal, guiding star for the sanctions in such cases: "Disbarrment ordinarily should be the sanction for intentional dishonest conduct." Id. at 418, 773 A.2d at 488.
Respondent was admitted to the Bar of this State in January, 1989. She has had one prior disciplinary action in which she received a reprimand for violation of Rule 1.8(e). See Attorney Grievance v. Pennington, 355 Md. 61, 78, 733 A.2d 1029, 1038 (1999). Respondent offers little in the way of mitigation. As we have discussed, supra, respondent did not express remorse for her deceitful actions. Respondent's protestations of remorse ring hollow when placed next to her testimony, during cross-examination by Bar Counsel at the evidentiary hearing, that, "I don't believe, Ms. [Bar Counsel], that I have told any untruths to the clients. So that's it." Likewise, regarding the obvious conflict of interest with her clients' interests, respondent testified at the evidentiary hearing: "Ms. [Bar Counsel], if you will help me to understand. I really don't understand your claim of conflict of interest." To the extent respondent expressed remorse, it is more in the nature of damage control than of sincere remorse.
Any other evidence of mitigation in this case is also insufficient to justify a sanction less than disbarrment. Respondent's attempt to purchase a plenary indulgence with her own money is more indicative of a selfish plan to conceal than of a praiseworthy desire to "make the client whole." Whether respondent acted to prevent her clients from knowing that they had a potential malpractice claim against her, or whether she acted out of a desire to spare her ill client further anguish, the profession is harmed when an attorney intentionally misrepresents matters to a client and behaves in the manner as did respondent. Although respondent did seek advice from Mr. Wiggins, who, unfortunately, gave her incorrect advice , her choice of Mr. Wiggins's counsel does little to mitigate the severity of her misdeeds. Her consultation with Mr. Wiggins, an attorney with offices in Washington, D.C., and who is not admitted in Maryland, smacks of a lack of good faith in seeking an objective and reliable ethics opinion, and seems rather to reflect a hope for ratification, from an uninformed, but friendly, source, of a course of conduct already selected. Moreover, there is no evidence that she fully disclosed to him the proposed misrepresentations and deceit. Even had she done so, his "blessing" of the conduct could not be mitigating. As we have indicated, every lawyer is presumed to know and abide by the Rules of Professional Conduct. Disbarrment of respondent is the appropriate sanction in order to protect the public and to inform other attorneys of the type of misconduct that will not be tolerated.
IT IS SO ORDERED; RESPONDENT SHALL PAY ALL COSTS AS TAXED BY THE CLERK OF THIS COURT, INCLUDING COSTS OF ALL TRANSCRIPTS, PURSUANT TO MARYLAND RULE 16-715, FOR WHICH SUM JUDGMENT IS ENTERED IN FAVOR OF THE ATTORNEY GRIEVANCE COMMISSION AGAINST JILL JOHNSON PENNINGTON.
Dissenting Opinion by Bell, C. J.
Filed: June 22, 2005
Misappropriation of entrusted funds, we have admoni
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