Attorney Grievance Commission v. Reid

Citations: 521 A.2d 743; 308 Md. 646; 1987 Md. LEXIS 189Docket: Misc. (Subtitle BV) No. 12, September Term, 1986

Court: Court of Appeals of Maryland; March 3, 1987; Maryland; State Supreme Court

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The Attorney Grievance Commission of Maryland filed a petition for disciplinary action against Arthur Joseph Reid, Jr., a Maryland Bar member since 1975, based on findings from a hearing before Judge William M. Cave. In 1982, Reid represented Jocelyn J. Thomas in a personal injury case, settling her claim for $9,000. However, he misrepresented the settlement amount to her as $6,000, signed her name to the settlement check (with authorization), and deposited the funds into his personal account rather than an escrow account. He was supposed to pay Ms. Thomas's medical bills totaling $1,021 and retain $2,000 as his fee but failed to do so until 1984, after the complaint was lodged. Reid converted over $2,000 of Ms. Thomas's funds for personal use. The court found clear and convincing evidence that he violated multiple Disciplinary Rules, including engaging in misconduct, dishonesty, failing to represent his client zealously, knowingly making false statements, and failing to preserve client funds. Specifically, the violations included DR 1-102 (misconduct), DR 7-101 (representing a client zealously), DR 7-102 (bounds of the law), and DR 9-102 (preserving client funds).

The Attorney Grievance Commission and Reid did not contest Judge Cave's findings regarding Reid's misconduct, which included misappropriation of client funds, typically warranting disbarment. However, Reid's alcoholism, which began affecting him in 1980 and worsened after a heart attack in December 1981, was determined to be a significant factor in his misconduct. Reid's alcohol consumption escalated to one and a half to two fifths daily, leading to blackouts and impaired job performance after he closed his private practice. The Court found that Reid's financial difficulties were a result of his alcoholism rather than the cause of it. Judge Cave concluded that Reid's alcoholism was the proximate cause of his misconduct, supported by expert opinions, thereby shifting the focus away from typical sanctions towards rehabilitation. Reid entered a detoxification program in December 1984 and continued outpatient treatment, actively participating in Alcoholics Anonymous and receiving positive assessments from his counselor and psychiatrist. At the time of the hearing, Reid was employed as deputy associate general counsel and demonstrated competence in his legal practice. Testimonies from his supervisor and wife indicated his successful recovery and stable domestic life, suggesting that his case aligns with precedents emphasizing rehabilitation over disbarment.

Reid is indefinitely suspended from practicing law, a recommendation supported by the Attorney Grievance Commission. He may seek to lift the suspension after 30 days, contingent upon meeting specific conditions: participation in the Maryland State Bar Association's Lawyers' Counseling Program, maintaining active membership in Alcoholics Anonymous, and having his legal practice monitored by an approved attorney who will provide quarterly reports to Bar Counsel for two years. Reid is responsible for all costs associated with the case. Any breach of these conditions could result in the reinstatement of his suspension. The court has ordered Reid to pay all costs, including transcript expenses, to the Attorney Grievance Commission. Additionally, Reid is admitted to practice in Ohio and the District of Columbia, but is generally prohibited from private practice for compensation.