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Attorney Grievance Commission of v. Ficker4/18/1990
The Attorney Grievance Commission (AGC), acting through Bar Counsel, charged Robin K.A. Ficker (Ficker) with violations of the Code of Professional Responsibility (for acts that occurred on or before 31 December 1986) and of the Rules of Professional Conduct (for acts that occurred
thereafter). Pursuant to Maryland Rule BV9 b, we referred the matter to Judge Peter Messitte of the Circuit Court for Montgomery County to make findings of fact and conclusions of law.
The charges against Ficker related to three sets of circumstances, the first involving Angela A. Daley, the second Lewis Keith Wilcom, and the third an advertisement Ficker had placed soliciting "palimony" cases. Judge Messitte held an evidentiary hearing. In the Daley matter he found that Ficker had in two respects neglected a legal matter in violation of DR 6-101(A)(3), Code of Professional Responsibility, and that he had engaged in conduct prejudicial to the administration of justice in violation of DR 1-102(A)(5). In the Wilcom case, Judge Messitte again found Ficker guilty of neglect and conduct prejudicial to the administration of justice under the Code. In addition, the judge concluded that Ficker had "habitually" violated a rule of court, thereby also violating DR 7-106(C)(7). Additionally, Judge Messitte found violations of Rule of Professional Conduct 1.3 (diligence). With respect to the "palimony" matter, Judge Messitte held that the AGC had failed to establish by clear and convincing evidence that the advertisement was misleading in violation of Rule 7.1, Rules of Professional Conduct.
Ficker excepts to Judge Messitte's findings of fact, conclusions of law, and recommendations in the Daley matter.
The AGC excepts to the factual findings and legal conclusions that lead to Judge Messitte's holding that Ficker did not violate Rule 7.1. No one excepts to the findings or conclusions in the Wilcom case. We shall summarize them, nevertheless, since they must be considered when we determine the appropriate sanctions for Ficker's conduct. And because of some factual similarities, we discuss the Daley and Wilcom cases together. We shall reject Ficker's exceptions as well as those advanced by the AGC.
I. Daley and Wilcom
Ficker encountered Angela Daley and Lewis Wilcom in 1986, in separate cases. Ficker had been practicing law since 1973 and in 1986 was a sole practitioner with an office in Bethesda, Montgomery County. He employed one full-time clerk with no legal training. He maintained no formal "diary" or "tickler" system. His only schedule of clients' court dates was a large desk calendar upon which he endeavored to make appropriate entries. His practice "consisted primarily of the representation of clients charged with drinking and driving offenses" and Daley and Wilcom each retained him in connection with drinking and driving charges.
A. Angela Daley
Daley, a resident of Johnstown, Pennsylvania, was charged with violation of § 21-902 of the Transportation Article, Maryland Code (1988 Repl.Vol., 1989 Cum.Supp.) (driving while intoxicated or under the influence of alcohol), and with a related offense. She was to appear for trial in the District Court of Maryland sitting in Frederick County at 9:00 a.m. on 4 December 1986.
On 30 October 1986 Daley met with Ficker in his office. She retained him to represent her and paid $200 on account of his $599 fee. Ficker agreed to appear on the 4 December trial date. But he failed to enter the trial date on his desk
calendar. He also failed to enter his appearance in the District Court as required by Md.
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