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Attorney Grievance Commission of Maryland v. Edward Patrick Gallagher AG No. 30, September Term, 2001 Headnote: Disbarment is warranted for an attorney who violated several rules, including MRPC 1.4(a), 1.15, 8.4(a), 8.4(b), 8.4(c) and (d), Maryland Rules 16-603, 16604, 16-606, 16-607 and 16-609 and sections 10-302 and 10-306 of the Business Occup ations and P rofessions Article of th e M aryland Code, by committing numerous and egregious misappropriations of client funds.

Circuit Co urt for Frede rick Coun ty Case #10-C-02-000205

IN THE COURT OF APPEALS OF MARYLAND Misc. Docket (Subtitle AG) No. 30 September Term, 2001

Attorney Grievance Commission of Maryland

v.

Edward Patrick Gallagher

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

Opinion by Cathell, J.

Filed:

November 13, 2002

Bar Counsel, on behalf of the Attorney Grievance Commission, petitioner, and at the direction of the Review Board, filed a petition with this Court seeking disciplinary action against Edward Patrick Gallaghe r, responde nt, 1 pursuant to Md. Rule 16-709.2 The petition, which is based on the comp laint of M r. Phillip A. Lobo, alleges that respondent violated several Maryland Rules of Professional Conduct (MRPC ),3 two provisions of the Business

Mr. Gallagher was admitted to the Bar of this Court on June 19, 1974 and is also a member of the Bar of the District of Columbia. At the time of the conduct which is the subject of this disciplin ary action, respo ndent ma intained an office fo r the practice o f law in Bethesda, Maryland. Currently, respondent resides in Frederick County, Maryland and engages in the practice of immigration law for former clients. The pertin ent provisio n of Ru le 16-709 states that, "[c]harges against an attorney shall be filed by the Bar Counsel acting at the direction of the Review Board." We note that this reference is to Md. Rule 16-709 as stated in the 2001 edition of the Maryland Rules. What was formerly comprised in Rule 16-709 is now encompassed in several different rules in the 2002 edition. Respondent excepts to the use of the older version of the Maryland Rules. We overrule this exception, which will be discussed infra. The relevant provisions of the MRPC include: " Rule 1.4. Communication. (a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. ... " Rule 1.15. Safekeeping property. (a) A law yer 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 prop erty. Funds shall be kept in a separate account maintained pursuant to Title 16, Chap ter 600 of th e Maryland Rules. O ther proper ty shall be identified as such and appropriate ly safeguarde d. Comp lete records of such account funds an d of othe r pro perty shall be k ept b y the lawyer and shall be preserved for a period of five years after termination of the representation. (b) Upon receiving funds or other prop erty in which a client or third person has an intere st, a lawyer shall promptly notify the client or third person. (contin ued...) -23 2

1

Occupations and Professions Article of the Maryland Code,4 and several sections of Title 16

3

(...continued) 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 or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall prom ptly render a full acco unting re gard ing s uch prop erty. (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 ther e 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. ...

" Rule 8.4. M isconduct. It is professional misconduct for a lawyer to: (a) violate or attem pt to violate the R ules of Pro fessional C onduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that ref lects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in cond uct involving dishones ty, fraud, deceit or misrepresentation; (d) engag e in condu ct that is prejud icial to the administration of justice...." The relevant provisions of the Business Occupations and Professions Article of the Maryland Code include: "

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