Attorney Grievance Comm'n v. El-Shall
CourtCourt of Appeals of Maryland
Date FiledJuly 27, 2026
Docket5ag/25
JudgeBiran
StatusPublished
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Full Opinion
Attorney Grievance Commission of Maryland v. Sara Mohamed Samy El-Shall, AG No. 5,
September Term, 2025. Opinion by Biran, J.
ATTORNEY MISCONDUCT – DISCIPLINE – INDEFINITE SUSPENSION –
Respondent Sara Mohamed Samy El-Shall violated Maryland Attorneys’ Rules of
Professional Conduct 19-301.3 (Diligence), 19-301.4(a) and (b) (Communication), 19-
301.16(d) (Declining or Terminating Representation), 19-308.1(b) (Bar Admission and
Disciplinary Matters), and 19-308.4(a) and (d) (Misconduct). These violations arose from
Ms. El-Shall’s conduct in three client matters, in which she failed to communicate with,
and effectively abandoned, her clients. In addition, in connection with Bar Counsel’s
investigations of complaints filed by the clients, Ms. El-Shall failed to respond to requests
for information and failed to comply with a subpoena to appear for a statement under oath.
Given these violations and the existence of several aggravating factors, the Supreme Court
of Maryland indefinitely suspended Ms. El-Shall.
Circuit Court for Baltimore City
Case No.: C-24-CV-25-007173
Argued: May 4, 2026
IN THE SUPREME COURT
OF MARYLAND
AG No. 5
September Term, 2025
ATTORNEY GRIEVANCE COMMISSION
OF MARYLAND
v.
SARA MOHAMED SAMY EL-SHALL
Fader, C.J.
Watts
Booth
Biran
Gould
Eaves
Killough,
JJ.
Opinion by Biran, J.
Filed: July 27, 2026
Pursuant to the Maryland Uniform Electronic Legal
Materials Act (§§ 10-1601 et seq. of the State
Government Article) this document is authentic.
2026.07.27
'00'04- 14:57:59
Gregory Hilton, Clerk
The practice of law can be rewarding in many ways, but often the rewards come
with significant costs. A 2016 study based on a sample of 12,825 practicing attorneys
showed that attorneys experience substance abuse and mental health issues at a rate much
higher than other populations. Depression, anxiety, and stress are also significant problems
for attorneys.1 This attorney grievance case highlights the need for attorneys struggling
with substance abuse and other mental health issues to seek assistance promptly.2
Unfortunately, it also demonstrates the potential consequences of not doing so.
I
Procedural History
On August 4, 2025, the Attorney Grievance Commission of Maryland
(“Petitioner”), acting through Bar Counsel, filed a Petition for Disciplinary or Remedial
Action (the “PDRA”) alleging that Respondent Sara Mohamed Samy El-Shall violated the
following Maryland Attorneys’ Rules of Professional Conduct (“MARPC”)3: 1.3
(Diligence), 1.4(a) and (b) (Communication), 1.16(c) and (d) (Declining or Terminating
1
See Studies on Well-Being in the Profession, THE PRACTICE, March/April 2020,
available at https://perma.cc/B7T9-L7M5 (summarizing results of 2016 study conducted
by Patrick R. Krill et al. under the auspices of the American Bar Association and the
Hazelden-Betty Ford Foundation).
2
One resource for attorneys who suffer from these types of problems is the Lawyer
Assistance Program of the Maryland State Bar Association. See www.msba.org/health-
and-wellness, available at https://perma.cc/757V-EXDR.
3
For ease of reference and comparison with our prior opinions, we will refer to the
MARPC rules using the numbering of the ABA model rules, as permitted by Maryland
Rule 19-300.1(22).
Representation), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) and (d)
(Misconduct).
This Court designated the Honorable Alan C. Lazerow of the Circuit Court for
Baltimore City to serve as the hearing judge. On September 26, 2025, Petitioner served
Ms. El-Shall with the PDRA, Petitioner’s initial discovery requests, and related documents.
Ms. El-Shall did not respond to the PDRA within the 15-day deadline set forth in Maryland
Rule 19-724(a), prompting Petitioner to file a Motion for Order of Default on October 15.
On October 16, 2025, the hearing judge signed an Order of Default. The court
emailed that order to Bar Counsel and Ms. El-Shall, along with a request that they indicate
their availability to attend a virtual meeting with the hearing judge on one of three proposed
dates. See Md. Rule 19-722(a).4 The court received an out-of-office response from Ms. El-
Shall’s email address; Ms. El-Shall never responded substantively to the court’s email. On
the following day, October 17, the court sent both parties an email containing the login
information for a virtual meeting on October 22.
On October 20, 2025, before the Order of Default was docketed, Ms. El-Shall filed
an Opposition to Petitioner’s Motion for an Order of Default. In her filing, Ms. El-Shall
asserted that she “did not intentionally disregard the proceedings” but rather had failed to
respond in a timely manner “due to acute mental health challenges.” Ms. El-Shall stated
that her “forthcoming pleadings will set forth a meritorious defense.” On October 22, the
4
Under Maryland Rule 19-722(a), an order designating a judge to conduct a hearing
in an attorney grievance case “shall require the judge, not later than 15 days after the date
on which an answer is due, and after consultation with Bar Counsel and the attorney, to
enter a scheduling order.”
2
Order of Default was docketed. Also on October 22, the court issued a Notice of Default
Order. As required under Maryland Rule 2-613(c), the Notice explained that Ms. El-Shall
could move to vacate the Order of Default within 30 days of the entry of that Order. The
Notice further recited that any motion to vacate “shall state the reasons for the failure to
plead, as well as the legal and factual basis for the defense to the claim.”5
Ms. El-Shall did not attend the October 22 virtual scheduling meeting. Following
the meeting, the hearing judge issued a Scheduling Order requiring all discovery to be
completed by December 31, 2025, and scheduled an evidentiary hearing for January 14-
16, 2026.
On October 23, 2025, the hearing judge filed a letter on the docket that stated, among
other things:
Although the Court may not have granted the Default Motion had it
had the benefit of the Opposition when ruling on the Default Motion, the fact
remains that the Court granted the Default Motion and the Respondent finds
herself in default status. Under Maryland Rule 2-613(d), the Respondent
must move to vacate the Order of Default. If she does so, the Court will rule
on it in the ordinary course. See Holly Hall Pubs., Inc. v. County Banking &
Tr. Co., 147 Md. App. 251, 262-63 (2002) (recognizing that defaults are
generally disfavored).
If this case were a train, it would be leaving the station shortly. See
Rule 2-613(d) (providing thirty days to move to vacate an order of default);
Rule 19-727(d) (providing that a merits hearing in an attorney grievance
matter “shall be completed within 120 days after service on the attorney”).
The Respondent would be wise to hop on before it’s too late.
Ms. El-Shall did not file a motion to vacate the Order of Default. On November 24,
2025, Petitioner filed a Motion for Judgment of Default under Maryland Rule 2-613(f).
5
See Md. Rule 2-613(d).
3
Additionally, Petitioner filed a Motion for Sanctions under Maryland Rule 2-433 after Ms.
El-Shall did not respond to Petitioner’s discovery requests. The hearing judge granted both
motions. As a result, the hearing judge entered a default judgment against Ms. El-Shall;
ordered that the averments in the PDRA be deemed admitted; and precluded Ms. El-Shall
at the evidentiary hearing from introducing any documents, calling any witnesses,
presenting any evidence or testimony that contradicted the facts established by the PDRA,
or testifying to any matter other than any alleged mitigation.
The evidentiary hearing went forward on January 14, 2026. Ms. El-Shall did not
appear for the hearing. Petitioner called no witnesses but introduced five exhibits. The
hearing judge issued findings of fact and conclusions of law on January 22, 2026.
II
The Hearing Judge’s Findings of Fact
The hearing judge found that Petitioner established the following facts by clear and
convincing evidence based on the PDRA’s factual averments and on information contained
in the exhibits that Petitioner introduced at the evidentiary hearing.
Ms. El-Shall’s Practice
Ms. El-Shall was admitted to the Maryland Bar on June 19, 2013. At all times
relevant to this case, Ms. El-Shall maintained an office for the practice of law in Baltimore
City. Ms. El-Shall’s area of practice was workers’ compensation.
Representation of Stacey Wisniewski
In November 2022, Stacey Wisniewski retained Ms. El-Shall to represent her in a
workers’ compensation matter after terminating her prior attorney due to communication
4
concerns. Initially, Ms. Wisniewski believed Ms. El-Shall’s communication with her was
good.
However, communication issues soon arose. On January 2, 2023, Ms. Wisniewski
emailed Ms. El-Shall with questions about her case; Ms. El-Shall never responded. On
January 6, 2023, Ms. Wisniewski followed up by email, and on January 9 and 11, Ms.
Wisniewski followed up by phone. Ms. El-Shall did not respond to these communications.
Ms. Wisniewski followed up again on January 16, leading Ms. El-Shall’s assistant to
schedule a telephone meeting between Ms. El-Shall and Ms. Wisniewski for January 20.
Without notice, Ms. El-Shall failed to attend that meeting and did not follow up.
On January 23 and 31, 2023, Ms. Wisniewski sent Ms. El-Shall additional emails.
On January 31, Ms. El-Shall’s assistant emailed Ms. Wisniewski, apologizing for the lack
of communication and asking to schedule a call for later that day. Due to an apparent issue
with Ms. Wisniewski’s email, Ms. Wisniewski’s response to this email was not sent, and
no meeting occurred.
On February 15, 2023, Ms. Wisniewski received a letter from Ms. El-Shall, to which
Ms. Wisniewski responded with several questions. Ms. El-Shall did not respond to that
email. Ms. Wisniewski attempted to follow up by email again on February 27 and March
6; Ms. El-Shall did not reply until March 16.
Between March 16 and May 3, 2023, Ms. El-Shall and Ms. Wisniewski exchanged
several emails about scheduling Ms. Wisniewski’s independent medical examination. Ms.
El-Shall also informed Ms. Wisniewski that her hearing before the Maryland Workers’
5
Compensation Commission (the “WCC”) had been rescheduled from May 15 to July 18,
2023.
Between May 27 and July 14, 2023, Ms. Wisniewski sent Ms. El-Shall several
emails without receiving a response. On July 17, the day before her WCC hearing, Ms.
Wisniewski contacted Ms. El-Shall about preparation needed for the hearing. Ms. El-
Shall’s assistant scheduled a preparation call for that evening at 5:45 p.m. Ms. El-Shall did
not call Ms. Wisniewski at the appointed time. Ms. Wisniewski emailed Ms. El-Shall about
the meeting at 6:12 p.m., and Ms. El-Shall rescheduled the call for 7:00 p.m. However, Ms.
El-Shall did not call at 7:00 p.m., instead texting Ms. Wisniewski to ask about having a
call the following morning. Ms. El-Shall failed to call Ms. Wisniewski in the morning.
Ms. El-Shall and Ms. Wisniewski met in person for the first and only time on the
morning of the WCC hearing (July 18, 2023). Ms. El-Shall prepared Ms. Wisniewski for
the hearing in the building lobby. At the hearing, Ms. Wisniewski received a settlement
and was ordered to obtain a functional capacity evaluation. Ms. El-Shall received 20
percent of Ms. Wisniewski’s $40,000 settlement.
Between September 23 and December 20, 2023, Ms. Wisniewski sought updates on
her case three times without response. On December 20, Ms. Wisniewski received an out-
of-office email stating that Ms. El-Shall was on medical leave. On December 25, Ms. El-
Shall’s assistant informed Ms. Wisniewski that another attorney, Aaron Schwartz, would
handle her case. On March 1, 2024, Ms. Wisniewski emailed Mr. Schwartz and Ms. El-
Shall. Ms. El-Shall replied that she would call Ms. Wisniewski, but never did. Ms.
Wisniewski emailed Ms. El-Shall with questions on March 6 and 8. Ms. El-Shall answered
6
the second email only by providing a requested fee report; she did not answer any of Ms.
Wisniewski’s questions. The final contact between Ms. El-Shall and Ms. Wisniewski was
on May 31, 2024, when Ms. Wisniewski contacted Ms. El-Shall and expressed concerns
about the lack of communication.
On June 28, 2024, Ms. Wisniewski filed a complaint with Petitioner. Bar Counsel
sent letters to Ms. El-Shall on July 2 and August 13, requesting a response to the complaint
by July 24 and August 27, respectively. Bar Counsel’s investigator, Jason Bogue, emailed
Ms. El-Shall on September 13 and 18 at four email addresses, requesting that Ms. El-Shall
contact him. On September 19, Ms. El-Shall replied to Mr. Bogue by email:
Dear Mr. Bogue,
My apologies for the delay in responding. This is my first day back in the
office this week. I have received the letter from [Assistant Bar Counsel] dated
August 13, 2024, enclosing the complaint and attachments and am in the
process of responding and compiling any relevant documentation to attach in
my response. I recognize that I am well beyond the August 27, 2024, deadline
and sincerely apologize for the delay. Initially, I overlooked the extensive
attachments, and it is taking me longer to go through everything than I
anticipated. Again, I know that I should have contacted Bar Counsel to
request additional time/provide an explanation. I believe I would be in a
better position to discuss this matter after thoroughly going through the file
and responding and believe I will be able to do so by Monday, September
23, 2024 (I will try to have it completed by tomorrow) and will give you a
call after sending if that is acceptable.
Thank you for your time and attention to this matter.
Best regards,
Sara El-Shall
On September 25 and 27, 2024, having not received the promised response, Mr.
Bogue emailed Ms. El-Shall. On September 30, Mr. Bogue left Ms. El-Shall a voicemail
on two phone numbers listed for her in the Attorney Information System (“AIS”). Ms. El-
7
Shall emailed Mr. Bogue on October 2, explaining that she had been sick with the flu and
a migraine, and would send the response later that evening. Ms. El-Shall did not do so.
On October 7, Ms. El-Shall again emailed Mr. Bogue:
Dear Mr. Bogue,
Hope all is well. I have been struggling with depression and anxiety
especially with this investigation and under the care of a therapist and
physician I again apologize for the delay, but will have my response to you
by Tuesday, October 8th.
Ms. El-Shall did not send the promised response.
On October 16, 2024, Bar Counsel docketed the matter for further investigation and
emailed Ms. El-Shall notice that she had until October 30, 2024 to respond. In the email,
Bar Counsel stated: “That is the final deadline. Should you not respond, Bar Counsel will
consider that you knowingly fail[ed] to cooperate with the investigation and take the
appropriate action.”
On November 4, 2024, Mr. Bogue again emailed Ms. El-Shall, requesting a Zoom
interview regarding Ms. Wisniewski’s complaint and an additional complaint. 6 Ms. El-
Shall did not respond. On November 8, Mr. Bogue attempted to call Ms. El-Shall at both
phone numbers listed in AIS, leaving voicemails requesting that Ms. El-Shall contact him,
but received no response. On November 18, Mr. Bogue emailed Ms. El-Shall again
requesting to schedule an interview. Mr. Bogue received an out-of-office email stating that
Ms. El-Shall would return on November 20. Ms. El-Shall did not respond to this email.
6
The additional complaint was the complaint filed by De’Errick’A Hawks,
discussed below.
8
On December 3, 2024, Mr. Bogue went to Ms. El-Shall’s office address. The
receptionist indicated that Ms. El-Shall was not in the office. Later that day, Mr. Bogue
went to Ms. El-Shall’s home address. In his Investigative Activity Report, Mr. Bogue
recounted what happened next:
Once at this location, the Respondent answered the front door. I inquired with
the Respondent if she was Ms. El-Shall. The Respondent stated that she was
not. I then informed the Respondent that I knew she was Ms. El-Shall. The
Respondent then shut the front door. I then stated through the closed door
that I was an Investigator with the Attorney Grievance Commission, and I
knew it was her because I have a copy of her MVA record with a photograph.
The Respondent then opened the front door. I advised the Respondent I was
the Investigator she had previously emailed with about the listed complaint,
and she had never provided a response. The Respondent stated, “I’m Sorry”.
During this interaction, Ms. El-Shall acknowledged that she had a copy of Ms.
Wisniewski’s complaint. Mr. Bogue provided Ms. El-Shall with the additional complaint
and a copy of the letter accompanying that complaint. Mr. Bogue informed Ms. El-Shall
that if she did not respond to Bar Counsel within seven days with respect to both
complaints, Bar Counsel would subpoena her to provide a statement under oath. Ms. El-
Shall did not respond further to Bar Counsel.
On December 12, 2024, Bar Counsel issued a subpoena for Ms. El-Shall to appear
for a statement under oath on January 22, 2025, and sent it to Ms. El-Shall by email and
certified mail. On January 13, 2025, Mr. Bogue emailed Ms. El-Shall and left voicemail
messages to confirm her appearance. Ms. El-Shall neither responded to the
communications nor appeared for the statement under oath. Bar Counsel attempted to call
and email Ms. El-Shall regarding her failure to appear, but Ms. El-Shall did not respond.
9
The hearing judge found that Ms. El-Shall “has never engaged meaningfully with
or provided any documentation to Bar Counsel regarding [Ms. Wisniewski’s] complaint.”
Representation of De’Errick’A Hawks
On March 21, 2024, De’Errick’A Hawks retained Ms. El-Shall to represent her with
respect to a workers’ compensation claim. After Ms. Hawks signed a retainer agreement,
Ms. El-Shall had no further communication with Ms. Hawks; however, Ms. El-Shall did
file a claim with the WCC on behalf of Ms. Hawks.
In May 2024, Ms. Hawks learned that her employer’s attorney required her to be
seen by the employer’s doctor. Ms. Hawks attempted to call, email, and text Ms. El-Shall,
but received no response. Ms. Hawks then called the doctor’s office to schedule the
appointment but was told that only her attorney could do so. Because she could not reach
Ms. El-Shall, Ms. Hawks was unable to schedule the appointment. As a result, the WCC
rescheduled Ms. Hawks’s original July 2024 hearing to October 2024. Ms. Hawks learned
that the WCC had postponed her hearing after the WCC contacted her; Ms. El-Shall never
contacted her about the postponement.
Ms. Hawks continued to try to contact Ms. El-Shall through the summer of 2024,
but received no response. Eventually, Ms. Hawks was referred to another attorney, Robert
Gordon, whom she retained in October 2024 to take over her case. Mr. Gordon contacted
Ms. El-Shall, who immediately sent him Ms. Hawks’s case file. With Mr. Gordon’s
assistance, Ms. Hawks settled her claim in December 2024. Mr. Gordon attempted to
contact Ms. El-Shall to determine the division of fees, but Ms. El-Shall never responded.
10
On October 10, 2024, Ms. Hawks filed a complaint with Petitioner. On October 18,
Bar Counsel emailed the complaint to Ms. El-Shall, requesting a response by November 8.
In addition, on November 4, Mr. Bogue attempted to schedule a Zoom interview by
emailing Ms. El-Shall at three different addresses, but received no response.
On December 12, 2024, Bar Counsel docketed Ms. Hawks’s complaint for further
investigation and sent Ms. El-Shall a Docket Notice by email and certified mail to her home
address. Bar Counsel received an out-of-office reply, stating, “Greetings, I am currently
out of the office and will return Friday, December 13, 2024. I will respond to your message
upon my return. Thanks! Sara El-Shall.” Ms. El-Shall did not respond to Bar Counsel.
On December 12, 2024, Bar Counsel issued a subpoena for Ms. El-Shall to appear
for a statement under oath on January 22, 2025, and sent it to Ms. El-Shall by email and
certified mail. On January 13, 2025, Bar Counsel staff emailed Ms. El-Shall and left
voicemail messages to confirm her appearance. Ms. El-Shall did not respond to the
communications and did not appear for the statement under oath. Bar Counsel staff
attempted to contact Ms. El-Shall by phone and email regarding her failure to appear, but
Ms. El-Shall did not respond.
The hearing judge found that Ms. El-Shall “has never engaged with or provided
documentation to Bar Counsel regarding [Ms. Hawks’s] complaint.”
Representation of Marquisha Lajuan Jackson
On May 15, 2023, Marquisha Jackson retained Ms. El-Shall to represent her in a
workers’ compensation matter. Ms. El-Shall held an initial phone consultation with Ms.
Jackson. Afterwards, they communicated by email, phone, and text.
11
On October 9, 2024, Ms. El-Shall texted Ms. Jackson, advising that her WCC
hearing had been postponed and that she would email Ms. Jackson with a settlement offer.
On October 31, Ms. Jackson emailed Ms. El-Shall that the WCC was waiting for Ms. El-
Shall to send Ms. Jackson the settlement paperwork. Ms. El-Shall replied that she would
provide the paperwork to Ms. Jackson that same day but failed to do so. Ms. Jackson
followed up with Ms. El-Shall by email on November 1 and 4, but Ms. El-Shall did not
respond.
On November 20, 2024, Ms. Jackson emailed and texted Ms. El-Shall a notarized
letter terminating her services. Ms. El-Shall did not respond to Ms. Jackson. On December
3 and 5, 2024,7 Ms. Jackson emailed Ms. El-Shall, asking her to withdraw from the case,
but Ms. El-Shall did not respond. The hearing judge found that Ms. El-Shall did not
withdraw from the case and that “Ms. Jackson was unable to hire a new lawyer, apparently
because [Ms. El-Shall] had not withdrawn.”
In early December 2024, Ms. Jackson filed a complaint with Bar Counsel. On
December 4, Bar Counsel emailed the complaint to Ms. El-Shall and the following day
sent it by certified mail to her home address. The letter requested that Ms. El-Shall provide
a response and any relevant documents by December 10. After receiving no response, on
December 12, Bar Counsel docketed the complaint and sent it to Ms. El-Shall by email and
certified mail to her home. Bar Counsel received an out-of-office reply from Ms. El-Shall’s
7
The hearing judge’s findings of fact contain a typographical error concerning the
timing of these emails, mistakenly referring to them as having been sent on December 3
and 5, 2025, instead of the actual dates of December 3 and 5, 2024.
12
email, indicating she was away and would return the next day. Also on December 12, Bar
Counsel issued a subpoena for Ms. El-Shall to appear on January 22, 2025, to provide a
statement under oath. The subpoena was sent by email and certified mail to Ms. El-Shall’s
home address.
On January 13, 2025, Bar Counsel staff emailed Ms. El-Shall and left voicemails to
confirm her appearance for the statement under oath. Ms. El-Shall did not respond and did
not appear for the statement under oath.
On January 22, 2025, Bar Counsel staff called and emailed Ms. El-Shall regarding
her failure to appear, but Ms. El-Shall did not respond.
The hearing judge found that Ms. El-Shall “has never engaged with or provided
documentation to Bar Counsel regarding [Ms. Jackson’s] complaint.”
III
The Hearing Judge’s Conclusions of Law
We now summarize the hearing judge’s conclusions of law.
Rule 1.3 - Diligence
The hearing judge concluded that Ms. El-Shall displayed a lack of diligence, in
violation of Rule 1.3, in the Wisniewski, Hawks, and Jackson matters by “repeatedly failing
to respond to client communications” and by “failing to advance each of the … matters[.]”
In the Wisniewski matter, Ms. El-Shall would “fall off the radar for months on end,” only
responding to Ms. Wisniewski after she attempted to contact Ms. El-Shall several times.
Additionally, Ms. El-Shall failed to attend multiple scheduled preparation meetings the day
13
before Ms. Wisniewski’s WCC hearing, only meeting with her in the building lobby on the
morning of the hearing.
The hearing judge found that, in the Hawks matter, Ms. El-Shall failed to
communicate with Ms. Hawks – despite Ms. Hawks’s repeated attempts to contact her by
email, text, and phone – after Ms. Hawks signed the retainer agreement. While Ms. Hawks
ultimately settled her case, she did so only after engaging a different attorney.
The hearing judge found that, in the Jackson matter, Ms. El-Shall ignored several
communications from Ms. Jackson regarding settlement paperwork. Additionally, the
hearing judge found that Ms. El-Shall failed to respond to Ms. Jackson’s notarized letter
and subsequent emails terminating her representation and requesting that Ms. El-Shall
withdraw from the case.
Rule 1.4 - Communication
The hearing judge concluded that Ms. El-Shall violated Rules 1.4(a) and (b) in the
Wisniewski, Hawks, and Jackson matters for the same reasons that he concluded she
violated Rule 1.3.
Rule 1.16 - Declining or Terminating Representation
The hearing judge concluded that Ms. El-Shall violated Rule 1.16(d) in the
Wisniewski, Hawks, and Jackson matters.8 Regarding the Wisniewski matter, the hearing
judge found that Ms. El-Shall “effectively abandoned Ms. Wisniewski after her July 2023
8
Originally, Petitioner charged Ms. El-Shall with violating both Rule 1.16(c) and
(d). Petitioner withdrew the Rule 1.16(c) charge at the evidentiary hearing.
14
WCC hearing.” With respect to the Hawks matter, the hearing judge found that Ms. El-
Shall never communicated with Ms. Hawks after Ms. Hawks signed the retainer agreement.
The hearing judge found “perhaps most troubling related to Rule 1.16(d)” that Ms. El-Shall
failed to respond to Ms. Jackson’s requests to terminate the attorney-client relationship and
to withdraw as her counsel before the WCC.
Rule 8.1 - Bar Admission and Disciplinary Matters
The hearing judge concluded that Ms. El-Shall violated Rule 8.1(b) in the
Wisniewski, Hawks, and Jackson matters, due to her failure to engage with Bar Counsel in
the investigations in each case. With respect to each matter, the hearing judge found that
Ms. El-Shall failed to: (1) respond to her clients’ complaints as Bar Counsel requested;
(2) respond to emails and voicemails seeking to schedule an interview with Bar Counsel;
and (3) appear for the January 22, 2025 statement under oath despite a subpoena. In
addition, the hearing judge concluded that, “[p]erhaps most troubling, in the Wisniewski
matter, after [Mr. Bogue] went to [Ms. El-Shall’s] home address, [Ms. El-Shall] denied her
identity.” Finally, the hearing judge found that Ms. El-Shall failed to “engage[]
meaningfully in this litigation, again ignoring the process after representing that a response
and defense would be forthcoming.” The hearing judge observed that Ms. El-Shall’s
“pattern of communication with Bar Counsel and the Court matches [her] pattern of
communication with her clients – failing to respond for long stretches, apologizing,
promising a further response or cooperation, and then nothing.”
15
Rule 8.4 - Misconduct
The hearing judge concluded that Ms. El-Shall violated Rule 8.4(a) because she
violated Rules 1.3, 1.4, 1.16, and 8.1. Additionally, the hearing judge concluded that Ms.
El-Shall violated Rule 8.4(d) in the Wisniewski, Hawks, and Johnson matters by: (1) failing
to respond to Bar Counsel in each investigation; and (2) “failing to respond to client
outreach and otherwise keep clients apprised of the status of their matters.”
Remedial Action Taken by the Attorney
The hearing judge determined that, given Ms. El-Shall’s lack of participation in the
disciplinary process, including the proceedings in court after the filing of the PDRA, there
was no evidence that Ms. El-Shall took any steps “to remedy her action and inaction.”
Aggravating Factors
The hearing judge concluded that five aggravating factors are present in this case:
(1) a pattern of misconduct; (2) multiple violations of the Rules; (3) bad faith obstruction
of the disciplinary proceeding; (4) refusal to acknowledge the wrongful nature of the
conduct; and (5) indifference to making restitution or rectifying the misconduct’s
consequences.
In finding a pattern of misconduct, the hearing judge observed that Ms. El-Shall
committed “similar flavors of misconduct” in the three matters over several years. Based
on his determination that Ms. El-Shall violated Rules 1.3, 1.4(a) and (b), 1.16(d), 8.1(b),
and 8.4(a) and (d), the hearing judge concluded that the aggravating factor of multiple
violations of the MARPC was present. The hearing judge found that Ms. El-Shall
obstructed the disciplinary proceeding in bad faith by “essentially stonewall[ing] Bar
16
Counsel’s investigation, failing to respond for long stretches, reappearing, and then
disappearing again.” Finally, the hearing judge concluded that Ms. El-Shall’s “fail[ure] to
participate meaningfully in these proceedings” provided clear and convincing evidence of
her refusal to acknowledge the wrongful nature of the conduct and her indifference to
rectifying the misconduct’s consequences.
On the other hand, the hearing judge concluded that Petitioner failed to prove by
clear and convincing evidence the aggravating factors of: (1) a dishonest or selfish motive;
and (2) likelihood of repetition of the misconduct. On the record before the court, the
hearing judge was unable to make any findings as to why Ms. El-Shall abandoned her
clients, failed to cooperate with Bar Counsel during the investigation of the clients’
complaints, and failed to participate in the proceedings before the court. As a result, the
hearing judge could not conclude, by clear and convincing evidence, that Ms. El-Shall had
a dishonest or selfish motive.
The hearing judge stated that he was “confounded” concerning the aggravating
factor of likelihood of repetition of the misconduct. Although Ms. El-Shall’s “failure to
participate meaningfully in these proceedings” did not give him a “great measure of
confidence that she appreciates the seriousness of her conduct or these proceedings,” the
hearing judge noted this was the first time Ms. El-Shall had faced disciplinary charges.
Observing that “the bulk of the caselaw applying this factor has involved attorneys with
serial attorney grievance matters,” the hearing judge found that “this factor is in equipoise,”
and determined that Petitioner did not meet its burden to show by clear and convincing
evidence that Ms. El-Shall is likely to repeat the misconduct.
17
Mitigating Factors
The hearing judge observed that Ms. El-Shall bore the burden to establish any
mitigating factors by a preponderance of the evidence. Because Petitioner did not allege
any prior professional discipline, the hearing judge concluded that the mitigating factor of
absence of prior attorney discipline was present. However, because Ms. El-Shall failed to
participate in the proceedings, the hearing judge concluded that she could not “benefit from
any other mitigating factors.”
IV
Standard of Review
“This Court has original and complete jurisdiction in attorney discipline
proceedings and conducts an independent review of the record.” Att’y Grievance Comm’n
v. Bonner, 477 Md. 576, 584 (2022). Where neither party files any exceptions to the hearing
judge’s factual findings, this Court “may treat the findings of fact as established.” Md. Rule
19-740(b)(2)(A).
If a party files exceptions to factual findings, this Court “shall determine whether
the findings of fact have been proved by the requisite standard of proof …. The Court may
confine its review to the findings of fact challenged by the exceptions.” Md. Rule 19-
740(b)(2)(B).
“The hearing judge’s findings of fact are left undisturbed unless those findings are
clearly erroneous[.]” Att’y Grievance Comm’n v. Hoerauf, 469 Md. 179, 207-08 (2020)
(citation modified). A factual finding is not clearly erroneous “where there is any
competent evidence to support” it. See Att’y Grievance Comm’n v. O’Neill, 477 Md. 632,
18
658 (2022) (internal quotation marks and citations omitted). “We review the hearing
judge’s conclusions of law without deference.” Hoerauf, 469 Md. at 208 (quoting Att’y
Grievance Comm’n v. Edwards, 462 Md. 642, 683 (2019)).
V
Discussion
A. Ms. El-Shall’s Clarifications to the Hearing Judge’s Findings of Fact
Although Ms. El-Shall did not participate meaningfully when this case was before
the hearing judge, she has since obtained counsel and engaged in the proceedings before
this Court. In a written submission filed by counsel, Ms. El-Shall states that she does not
except to the hearing judge’s findings of fact. However, Ms. El-Shall offers two
clarifications to the hearing judge’s factual findings. First, Ms. El-Shall points out the
typographical error concerning the year of Ms. Jackson’s emails to Ms. El-Shall asking
Ms. El-Shall to withdraw from Ms. Jackson’s case. See note 7 above.
Second, Ms. El-Shall asks this Court to take judicial notice that, on February 3,
2025, following Ms. Jackson’s request, Ms. El-Shall filed a motion to withdraw her
appearance in Ms. Jackson’s case, as evidenced by the WCC docket. Based on this
information, Ms. El-Shall asserts that “Ms. Jackson was not prevented from retaining
another attorney.” Ms. El-Shall also points us to WCC docket entries reflecting that, on
February 20, 2025, a settlement agreement was filed with the WCC regarding Ms.
Jackson’s claim,9 and that the WCC approved the settlement agreement on April 3, 2025.
9
The WCC docket reflects that, as of the date the Settlement Agreement was filed
with the WCC, Ms. Jackson was unrepresented.
19
Ms. El-Shall avers that “[t]his information was available for months before Bar Counsel
filed [the PDRA] and almost a year before the hearing…. Although by default [Petitioner’s]
charge in this regard was taken as established, this information was readily available and
not subject to any reasonable question of accuracy.”
Although we generally confine our review to matters in the record before the hearing
judge, we may take judicial notice of facts outside the record before a hearing judge in an
attorney grievance case, where appropriate under Maryland Rule 5-201.10 See, e.g., Att’y
Grievance Comm’n v. Sperling, 472 Md. 561, 611-12 (2021); Att’y Grievance Comm’n v.
Davy, 435 Md. 674, 683 n.2 (2013). We shall take judicial notice of the filings in Ms.
Jackson’s worker’s compensation case between February and April 2025 to which Ms. El-
Shall has directed our attention.
B. Ms. El-Shall’s Violations of the MARPC
Neither party excepts to the hearing judge’s conclusions of law concerning Ms. El-
Shall’s violations of the MARPC. Based on our independent review of the record, we
conclude that Petitioner proved by clear and convincing evidence that Ms. El-Shall violated
Rules 1.3 (Diligence), 1.4(a) and (b) (Communication), 1.16(d) (Declining or Terminating
Representation), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) and (d)
(Misconduct).
10
Maryland Rule 5-201(b)(2) allows this Court to take judicial notice of a fact that
is “not subject to reasonable dispute in that it is … capable of accurate and ready
determination by resort to sources whose accuracy cannot reasonably be questioned.”
20
Rule 1.3 (Diligence)
Rule 1.3 compels an attorney to “act with reasonable diligence and promptness in
representing a client.” An attorney can violate this rule “by failing to advance the client’s
cause or endeavor; failing to investigate a client’s matter; and repeatedly failing to return
phone calls, respond to letters, or provide an accounting for earned fees[.]” Att’y Grievance
Comm’n v. Dailey, 474 Md. 679, 703 (2021) (alteration by the Court) (citations omitted).
Clear and convincing evidence supports the hearing judge’s conclusion that