 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Attorney Grievance Commission of v. Rohrback6/26/1991
Respondent, Maynard R. Rohrback (Rohrback), is a solo practitioner whose office is in the Glen Burnie area of Anne Arundel County. One morning in August 1987 Rohrback received a telephone call from a client who had been arrested and who had given a false name to the arresting officer. Rohrback was thereby plunged into a legal ethics nightmare, the conflict under Maryland's unique version of the new ABA Rules of Professional Conduct between his duty of confidentiality to his client and his duty of candor to tribunals and third parties. For a time Rohrback successfully navigated the course, but, ultimately, he was carried over the edge.
Rohrback's client was Lloyd Francis Asbury (Asbury), an alcoholic construction worker and former Florida resident. In late December 1986 Asbury had consulted Rohrback concerning marital law problems. Asbury also owned one or more properties in Glen Burnie, which were tenanted in whole or in part and with respect to which Rohrback had represented Asbury.
On February 28, 1987, Asbury had been arrested in Anne Arundel County for driving while intoxicated (DWI). A few days thereafter Asbury retained Rohrback for the criminal charges and for related proceedings before the Motor Vehicle Administration (MVA), arising out of Asbury's refusal to take a chemical test for intoxication.
Asbury had at least three prior convictions for DWI or for driving under the influence of alcohol (DUI), two of which were within the five years preceding the Anne Arundel County arrest. His Maryland driver's license had been revoked from October 1984 to January 1986 because of a May 1984 DWI conviction. Prior to that, Asbury's license had been suspended because of a September 1982 DUI conviction. At the March 1987 MVA hearing Asbury's license was again suspended, this time for nine months, with any reinstatement conditioned on Medical Board approval. Rohrback noted an appeal on Asbury's behalf from
this administrative determination, but that appeal was later voluntarily dismissed.
In connection with the DWI charges of February 1987 the State's Attorney for Anne Arundel County gave notice that Asbury would be charged as a subsequent offender. Originally set for trial in the District Court in July, the case was removed by prayer for jury trial to the Circuit Court for Anne Arundel County where, on August 25, it was awaiting trial.
Early in the morning of August 25, in Baltimore City, Asbury was again arrested for DWI and again refused a breath test. Asbury identified himself to the arresting officer as Lloyd Francis Boland and presented a Florida driver's license issued to him in that name at a Florida address. Asbury was taken to the Southern Police District in Baltimore City and booked as Boland with the Florida address.
Before Rohrback had left his home on the morning of the 25th he received a telephone call from Asbury who was confined at the Southern District. Asbury asked Rohrback to get him out of jail on bail. They agreed on a $250 legal fee which was later paid. Asbury told Rohrback to ask for him under the name of Boland, explaining that he had a Florida license issued to him as Lloyd Francis Boland which he had presented to the arresting officer.
At the lock-up Rohrback told Asbury that Rohrback would have to tell the bail bondsman that "Boland" was Asbury, that Asbury had another DWI charge pending, and that the correct address was Asbury's address in Glen Burnie. Asbury consented to these disclosures. Rohrback also told Asbury that Rohrback would attempt to get for
Asbury other counsel to try the criminal charges, because Rohrback felt very uncomfortable over Asbury's havi
Page 1 2 3 4 5 6 7 8 9 10 11 12 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|