RELEVANT CASE STUDIES
Attorney Grievance Commission of Maryland v. Potter
Attorney Violates Rules of Professional Conduct for Deleting Files From
Former Employer's Computer
844 A.2d 367 (Md. 2004)
The court considered a Petition for Disciplinary Action against the
defendant, an attorney, alleging violations of the Maryland Rules of
Professional Conduct. The defendant worked for a law firm that paid him a
base salary plus a percentage of the fees generated by cases he worked on.
Before leaving the firm, the defendant took paper files pertaining to two
clients believing the clients would choose to have him continue to represent
them. In addition, the defendant, without permission, deleted all files
relating to matters involving the two clients from the firm's computer.
The court held that this was a crime under Maryland Criminal Law because the
defendant exceeded his authorized access to a computer with the intent to
destroy data stored on the computer. The defendant was authorized to use the
law firm's computers to generate and store documents relating to client
matters, but was not authorized to delete client files without the consent
of his employer. The court held that the defendant violated the Rules of
Professional Conduct because his actions reflected adversely on his honesty,
trustworthiness, and fitness as a lawyer. Consequently, the defendant's
actions warranted a 90-day suspension from the practice of law.
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