ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. STEVEN JOHN POTTER, 380 Md. 128

Summary

The attorney worked for another lawyer and brought two clients to the firm. Prior to ending his employment, the attorney, without his employer's permission, deleted the firm's computer records on these clients for fear his employer would try to use the information to make the attorney pay certain compensation. The court of appeals held this was a crime, under Md. Code Ann., Crim. Law § 7-302 (2002, 2003 Cum. Supp.), as the attorney exceeded his authorized access to a computer with the intent to destroy data stored on the computer, and it reflected adversely on the attorney's honesty, trustworthiness, and fitness as a lawyer. It was also deceitful and was conduct prejudicial to the administration of justice, contrary to Md. R. Prof. Conduct 8.4(b), (c) and (d). Despite his motive to protect the clients, the conduct was dishonest and deceitful. There was no evidence the clients were harmed, but the attorney's employer was potentially harmed by not having any files or computer records ...