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IN THE COURT OF APPEALS OF MARYLAND Misc. Docket AG No. 17 September Term, 2003

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. BARRY K. WATSON

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

Opinion by Bell, C.J.

File: August 4, 2004

The Attorney Grievance Commission of Maryland, the petitioner, by Bar Counsel filed, pursuant to Maryland Rule 16-7511 of the Maryland Rules of Procedure, a Petition For Disciplinary Or Remedial Action, in which it alleged that the respo ndent, Barry K. Watson,

Rule 16-7 51 of the M aryland Rule s of Proce dure prov ides, as releva nt: "(a) Commencement of Disciplinary or Remedial Action. Upon approval of the Commission, Bar Counsel shall file a Petition for Disciplinary or Reme dial Ac tion in th e Cou rt of A ppeals ." Upon the completion of an investigation by Bar Counsel, unless there is a recommendation pursuant to Rule 16-735 (dismissal of the complaint or termination of the proceeding w ithout discipline), Rule 16-736 (C onditional Diversion A greement), 16-737(reprimand) or Rules 16-771, 16-773, or 16-774 (immediate filing of a Petition for Disciplinary or R emedial A ction), Rule 1 6-734 (d) re quires that B ar Coun sel "file with the Commission a Statement of Charges with an election for peer review in accordance with Rule 16-741." Maryland Rule 16-741 governs the filing of statements of charges. It provides: "(a) Filing of Statement of Charges. "(1) Upo n comple tion of an in vestigation, B ar Coun sel shall file with the Commission a Statement of Charges if Bar Counse l determines that: "(A) the attorney either engaged in conduct constituting p rofessiona l miscondu ct or is incapacitated; "(B) the professional misconduct or the incapacity doe s not warra nt an imm ediate Petition for Disciplinary or Remedial Action; "(C) a Co nditional D iversion A greemen t is either not appropriate under the circumstances or the parties were unable to agree on one; and "(D) a reprimand is either not appropriate under the circumstances or (i) one was offered and rejected by the attorney, or (ii) a proposed reprimand was disapproved by the Commission and Bar Counsel was directed to file a Statem ent of C harges ."

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the respondent, violated Rules 1.4, Communication,2 1.15 , Saf ekee ping Prop erty, 3 and 8.4, Miscon duct, 4 of the Maryland Rules of Professional Conduct, as adopted by Maryland R ule 16-812. Bar Counsel also alleged that, in ad dition, the respondent violated Maryland Rules

Rule 1.4 requires a lawyer to "keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information" and "explain a matter to the extent reasonably necessary to permit the client to make informed decisions regard ing the r eprese ntation." Rule 1.15, as relevant, provides: "(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, Chapter 600 of the Maryland Rules. Other proper ty shall be id entified as such and ap propria tely safeg uarded . 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. "(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 promp tly render a full acc ountin g regar ding su ch prop erty. "
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Rule 8.4, as relevant, provides: "It is professio nal miscon duct for a la wyer to: "(a) violate o r attempt to v iolate the rules o f professio nal condu ct, knowingly assist or induce an other to do so through the acts of another; "(b) com mit a crim inal a ct tha t refl ects adverse ly on the la wyer 's ho nesty, trustworthin ess or fitness as a lawyer in o ther respects ; "(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; "(d) en gage in condu ct that is p rejudici al to the a dminis tration o f justice ." 2

16-603, Duty to Maintain Accou nt, 5 and 16-604, Trust Account - Required Deposits, 6 as well as Maryland Code (1989, 2000 Replacement Volume)

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