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IN THE COURT OF APPEALS OF MARYLAND Misc. Docket AG No. 49 September Term, 2003

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. MARY I. DUVALL

Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene JJ.

Opinion by Bell, C.J.

File: December 10, 2004

The Attorney Grievance Commission of Maryland, the petitioner, by Bar Counsel, acting pursuant to Maryland Rule 16-751,1 filed a Petition For Disciplinary or Remedial Action against Mary I. DuVall, the respondent. The petition charged that the respondent violated Rules 1.4, Communication,2 1.15 , Saf ekee ping Prop erty, 3 1.16, Declining or

Maryland Rule 16-751, as relevant, provides: "(a) Commencement of disciplinary or remedial action. (1) Upon approva l of the Commission. Upon approval or direction of the Commission, Bar Counsel shall file a Petitio n for D isciplina ry or Rem edial A ction in t he Co urt of A ppeals ." See Rule 16-743, which specifically provides that "[t]he Commission may (1) approve the filing of a Pe tition fo r Discip linary or R emed ial Actio n."

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Rule 1.4 provides: "(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. "(b) A law yer shall explain a matter to the extent reaso nably necessa ry to permit th e client to make inform ed dec isions re gardin g the rep resenta tion."
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Rule 1.15 provides, as relevant: "(a) A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property. Funds shall be kept in a separate account maintained pursuant to Title 16, Ch apter 600 o f the Ma ryland Rules. O ther proper ty 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 represe ntation. "(b) Upon receiv ing funds or other pro perty in which a client or third person has an interest, a law yer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds o r other prop erty that the client or th ird person is entitled to rece ive and, up on reque st by the client or third person, sha ll

Terminating Representation,4 and 8.1, Bar Admission and Disciplinary Matters,5 of the Maryland Rules of Professional Conduct, as adopted by Maryland Rule 16-812.6 The

respondent was also charged with violating Maryland Code (1989, 2000 Replacement Volume)

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