Md. Attorney Grievance Commission annual report shows spike in sanctions

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The number of sanctioned Maryland attorneys in the last fiscal year surpassed the 10-year average for all sanctions, according to the Attorney Grievance Commission’s latest annual report.

The total number of sanctioned attorneys increased from 78 to 93 in the latest fiscal year, higher than the 10-year average for all sanctions, which is about 84 per year, the report says.

That increase was mostly driven by a spike in the number of attorneys suspended indefinitely or for a specific time period to 34 during the last fiscal year, up from the 10-year average of 20 suspensions in some form.

However, since the 70 percent increase in disbarred attorneys in fiscal 2015, the number of disbarred attorneys has fluctuated in recent years. There were 33 disbarments in the last fiscal year, consistent with the decade average of 34.6 per year, the report found.

“I don’t think there are any trends,” said Bar Counsel Lydia Lawless. “The number of suspensions and disbarments goes up and down year by year.”

Lawless added that many cases are under review by the Attorney Grievance Commission over multiple years.

“Just given that variable, it makes sense that the numbers ebb and flow,” she said.

The number of licensed attorneys in Maryland increased slightly from 39,814 to 39,890, but the number of disciplinary matters docketed in the last fiscal year went down about 30 percent compared to fiscal 2015. There were 26 reprimands, on par with the 10-year average of 29, the report says.

As in previous years, the bulk of complaints docketed were about attorneys violating the Maryland Attorneys’ Rules of Professional Conduct related to competence, diligence, failure to communicate and safekeeping property.

The annual report is valuable to the Maryland bar for outlining reasons why cases are docketed for investigation and to highlight types of misconduct that results in sanctions, Lawless said.

“I can use this report to show that it is the basics,” she said, referencing issues including client communication and other common rules violations.

The majority of the cases were docketed in Baltimore City and Montgomery County, with 55 complaints each. No attorney complaints were docketed for investigation in Allegany, Caroline, Dorchester, Garrett, Kent, Somerset or St. Mary’s counties, the report says.

The commission also establishes conservatorships of client files for attorneys who are deceased, disbarred or otherwise disappeared. The office established five new conservatorships this year and commission staff were appointed as conservator in three cases to get clients their files back, make sure active client matters are turned over to other attorneys, among other matters. Some 34 conservatorships remained open as of the end of fiscal 2017, the report says.