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Attorney Grievance Commission of Maryland v. Buehler

Court of Appeals of Maryland

January 26, 2015

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND
v.
DAVID PETER BUEHLER

Barbera, C.J. Harrell, Battaglia, Greene, Adkins, McDonald, Watts, JJ.

Adkins, J.

In this reciprocal attorney discipline action, the Attorney Grievance Commission of Maryland ("AGC"), acting through Bar Counsel, asks us to disbar or suspend indefinitely David Peter Buehler. On February 21, 2014, the Virginia State Bar Disciplinary Board ("Board") ordered that Buehler be suspended for six months.

After a determination by a Subcommittee of the Second District of the Virginia State Bar, the matter came before a panel of the Board, where Buehler represented himself. The Virginia State Bar presented evidence, and Buehler stipulated to the facts below.

THE BOARD'S FINDINGS OF FACT AND CONCLUSIONS OF LAW

As an attorney licensed to practice in Maryland and Virginia, Buehler represented Jill Sozio in matters related to her business, Jill's Deli, Bakery & Grill. In June 2011, SEI Realty, L.L.C. ("SEI") filed an unlawful detainer action (the "Unlawful Detainer Case") against Sozio for unpaid rent of $1, 257.54 and possession of the premises related to Sozio's lease of space in a Norfolk, Virginia, shopping center for the operation of her business. The following month, Buehler filed two actions in the Norfolk Circuit Court on behalf of Sozio against the former directors, officers, and owners of both Hampton Roads Enterprises, Inc.-the owners of the premises at the time Sozio had executed the lease- and Suburban Asset Management Corp.-the agent and management company for the shopping center (collectively with SEI, the "Shopping Center"). In the first action (the "Injunction Case"), Sozio requested "injunctive relief in the form of an order allowing her access to the [p]remises to retrieve her personal property." In the other action (the "Damages Case"), Sozio sought $1, 550, 000 for breach of lease, wrongful eviction, conversion, tortious interference, and lost profits.

The Injunction Case

On July 19, 2011, the Norfolk Circuit Court entered an Agreed Order in the Injunction Case, granting Sozio access to the property to retrieve her personal property and ordering her to surrender possession by July 31. In August, the Shopping Center filed a motion requesting that: (1) Sozio show cause why she should not be held in contempt for failing to comply with the terms of the Agreed Order; (2) the Shopping Center be allowed to proceed with the Unlawful Detainer Case; (3) the injunction be dismissed; and (4) the Shopping Center receive attorneys' fees and costs. Shane L. Smith, counsel for the Shopping Center, noticed a hearing[1] on the motion for September 1, 2011, but Buehler failed to appear. As a result, the Circuit Court entered an order granting the motion.

Four weeks later, Buehler filed a response to the Order to Show Cause, requesting that the September 1 order be vacated and representing that he did not receive the Order until September 27, "apparently due to the postal carrier's inability to access his mailbox." But he failed to disclose that the Shopping Center had sent the Order by both mail and email. After the Circuit Court entered an order awarding the Shopping Center $2, 135 in attorneys' fees, Sozio moved that the show cause order be lifted and the request for attorneys' fees be denied. In an October 26 letter to the presiding judge and court clerk, Buehler stated that he received a copy of the July 19 Agreed Order in September, and that although he had provided Smith with a "signed sketch order" dismissing the injunction case, the sketch order was never submitted for entry. Smith refuted this assertion, and when asked to do so, Buehler failed to provide proof that he had sent the sketch order. After Buehler failed to notice a hearing for Sozio's motion requesting that the show cause order be lifted and the fees dismissed, Smith noticed the pleading for hearing on January 31, 2012. When Buehler did not appear at the hearing, the court denied Sozio's requested relief.

The Damages Case

The Shopping Center filed multiple motions in response to Sozio's suit for damages. Although he had not requested the Shopping Center's consent to extend the deadline for responding to these motions, Buehler filed a motion for extension of time with the Circuit Court, stating that he was "seeking to determine if counsel for [the Shopping Center] will oppose this extension, but has not as of yet received a response." In an effort to file an endorsed scheduling order prior to the November 10 scheduling conference, Smith attempted to determine Buehler's availability for trial, but was unsuccessful. When Buehler filed a Memorandum of Lis Pendens on behalf of Sozio, SEI filed a motion for leave to intervene, to quash, and for sanctions. SEI contended that the Memorandum of Lis Pendens was improperly filed because Sozio was not asserting an ownership interest and because Sozio had not named the owners as defendants. Buehler did not file a written response. Following a hearing on the matter, the court granted SEI's motion to quash and awarded attorneys' fees.

After Smith prepared and sent to Buehler an order containing the rulings and a scheduling order setting trial dates in June, Buehler returned a facsimile transmission of both orders bearing his signature. Despite requests, Buehler failed to return orders bearing an original signature, further delaying proceedings. In February 2012, Buehler filed a motion for nonsuit and-one week later-a motion to withdraw as counsel.

The Unlawful Detainer Case

Following trial of SEI's Unlawful Detainer Case in September 2011, the Norfolk General District Court entered judgment in favor of SEI for both unpaid rent and possession of the property. Sozio appealed, and when Buehler again failed to provide his availability for trial, Smith filed a motion to set the trial date and enter a scheduling order. Notwithstanding that Smith sent a Notice of Hearing via mail and email, Buehler did not appear at the hearing on SEI's motion. On December 12, 2011, Smith sent Buehler copies of the orders, including the orders setting trial for February 2, 2012. In response, "[b]y letters dated January 26, 2012, [Buehler] stated that he had just discovered the unlawful detainer case was set for trial on February 2, 2012, was not aware a scheduling conference had taken place, and had not received the scheduling order." He filed a motion for continuance on February 2, asserting the same. The court denied the motion and "granted SEI's motion to exclude Sozio from presenting any testimony or ...


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