Attorney Grievance Commission v. Lanocha

BATTAGLIA, J.,

files a dissenting opinion joined by CATHELL, J.

*247Dissenting Opinion by WILNER, Judge.

1 concur in the Court’s sustaining of Bar Counsel’s exception and its overruling of Lanocha’s exception. Subject to one critical caveat, 1 agree as well that, under the facts here, a reprimand would be the appropriate sanction to be imposed. The caveat is the one that I noted in my dissent in Attorney Grievance v. Stein, 378 Md. 531, 545-49, 819 A.2d 372, 380-82 (2003). In my view, the only effective and practical way to enforce MRPC 1.8(c) is to require the errant lawyer to disgorge the fruits…