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Circuit Co urt for W ashington County Case No. 21-C-02-15418-OC

IN THE COURT OF APPEALS OF MARYLAND Misc. Docket AG No. 69 September Term, 2002 ______________________________________________ ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. JAMES F. BRASKEY ______________________________________________ Bell, C.J. *Eldridge Raker Wilner Cathell Harrell Battaglia, JJ. ______________________________________________ Opinion by Raker, J. ______________________________________________ Filed: November 24, 2003 *Eldridge, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and adoption of this opinion.

The Attorney Grievance Commission, acting through Bar Counsel, filed a petition with this Court for disciplinary action against James F. Braskey, alleging violations of the Maryland Rules of Professional Conduct. The Commission charged respondent with violating Maryland Rules of Professional Conduct 1.5 (Fees),1 1.7 (Conflict of interest: General rule),2 1.15 (Safekeeping property),3 8.4 (Misconduct),4 Maryland Rules 16-604, 161

Rule 1.5 provides, in pertinent part, as follows: "(a) A lawyer's fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent." Rule 1.7 provides, in pertinent part, as follows: "(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; and (2) the client consents after consultation." Rule 1.15 provides, in pertinent part, as follows: "(a) A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation

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606, and 16-609 (regarding trust accounts),5 and Maryland Code (1989, 2000 Repl. Vol.)

separate from the lawyer's own property. Funds shall be kept in a separate account maintained pursuant to Title 16, Chapter 600 of the Maryland Rules. Other property shall be identified as such and appropriately safeguarded. Complete records of such account funds and of other property shall be kept by the lawyer and shall be preserved for a period of five years after termination of the representation. *** (c) When in the course of representation a lawyer is in possession of property in which both the lawyer and another person claim interests, the property shall be kept separate by the lawyer until there is an accounting and severance of their interests. If a dispute arises concerning their respective interests, the portion in dispute shall be kept separate by the lawyer until the dispute is resolved."
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Rule 8.4 provides, in pertinent part, as follows: "It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; *** (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice.

Rule 16-604 provides as follows: "Trust account--Required deposits. Except as otherwise permitted by rule or other law, all funds, including cash, received and accepted by an attorney or law firm in this State from a client or third person to be delivered in whole or in part to a client or third person, unless received as payment of fees owed the attorney by the client or in reimbursement for expenses properly advanced on behalf of the client, shall be deposited in an attorney trust account in an approved financial institution. This Rule does not apply to an -2-



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Maryland Law