On Friday, March 3, 2023, the Supreme Court of Maryland ordered the indefinite suspension of attorney Richard Louis Sloane. The case is entitled “Attorney Grievance Commission of Maryland. Richard Louis Sloane” with case no. 37.
The charges cited Maryland Rules of Professional Conduct 19 – 303.1, 19 – 303.2, 19 – 303.3(a)(1), 19 – 303.4(c)(d), 19 – 304.4(a), and 19 – 308.4(a)(c)(d) which state:
An attorney shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, which includes, for example, a good faith argument for an extension, modification, or reversal of existing law. An attorney may nevertheless so defend the proceeding as to require that every element of the moving party’s case be established.
An attorney shall make reasonable efforts to expedite litigation consistent with the interests of the client.
An attorney shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the attorney.
Knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on the assertion that no valid obligation exists.
In the pretrial procedure, make a frivolous discovery request, or fail to make a reasonably diligent effort to comply with a legally proper discovery request by an opposing party.
In representing a client, an attorney shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person.
It is professional misconduct for an attorney to (a) violate or attempt to violate the MARPC, knowingly assist or induce another to do so, or do so through the acts of another; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation, or: (d) engage in conduct that is prejudicial to the administration of justice.
The Rules of Professional Conduct can be found here.
The violations of the above-mentioned rules were the result of the respondent’s misconduct in a domestic matter involving divorce and custody. In that said case, the respondent allegedly obstructed two depositions, filed frivolous objections to standard discovery requests, and misled both the circuit court and opposing counsel throughout the pendency of the proceedings. Moreover, during the hearings, Mr. Sloane even misrepresented the case’s history to the court.
The filing states:
“Shortly before May 16, 2018, Ms. Miliman canceled Mr. Kolat’s deposition, requesting that it be rescheduled because she still had not received discovery responses and her grandmother had recently passed away. In his response to Ms. Miliman, Respondent expressed his condolences and then stated, “]ts a shame worse, in fact – that your insatiable greed continues to waste resources that could benefit our client’s children.” Mr. Kolat’s deposition was ultimately rescheduled for July 10, 2018.”
The filing continues:
“On June 15, 2018, Respondent emailed Ms. Miliman his discovery responses, to which Ms. Miliman spent “hours sorting, indexing, and labeling” because they were disorganized, missing documents, contained duplicates, and lacked labels or categorizations as required under Md. Rule 2 – 422(d). Additionally, Respondent objected to nineteen interrogatories, including standard form interrogatories and slight variations thereof, as “overly broad and unduly burdensome” even when they were “straightforward” and sought “simple and relevant information.” Respondent also asserted a “physician/patient” privilege, which does not exist under Maryland law.”
The filing further states:
“On July 10, 2018, Ms. Miliman took Mr. Kolat ’s deposition . During the deposition, Respondent provided Ms. Miliman with a copy of Mr. Kolat’s prior discovery responses, which had not been supplemented, claiming that the “alleged error had been cured.” Respondent requested that Ms. Miliman withdraw her pending motion, asserting that it was moot. Ms. Miliman disagreed. Respondent “engaged in obstructionist behavior by making baseless objections and speaking objections, as well as answering for Mr. Kolat. Respondent also “encouraged Mr. Kolat’s refusal to respond to Ms. Miliman’s reasonable inquiries.” As a result, Ms. Miliman ended the deposition after an hour.”
The filing additionally notes:
“On September 21, 2018, the Honorable Cynthia Callahan held a hearing on Ms. Miliman’s pending discovery motions. Respondent deflected blame to Ms. Miliman, arguing that the “hearing boils down to the pot calling the kettle black.” Judge Callahan described Respondent’s conduct during the deposition as “a complete and total disregard of what the law says and what the rules say and what the rules governing the behavior of lawyers say.” Judge Callahan described Respondent’s objections to discovery as “not legitimate”.
According to the court, the respondent reacted with a dishonest or selfish motive to frame others in the worst possible light and to acquire an attorney’s fee. The court added that the respondent also engaged in a “series of acts” during the two years of litigation in the said matter with the goal of extracting fees or delaying the proceedings. Moreover, the respondent frivolously objected to discovery requests, asserting an unrecognized physician-patient privilege and refusing to answer standard form interrogatories. The court emphasized that the respondent’s unwillingness to appreciate his wrongful conduct is critical. There is even no single instance where the respondent acknowledged his improper behavior.
The court determined to suspend the respondent after taking into account the factual findings and all of the evidence.
The Disposition states:
“The Supreme Court of Maryland indefinitely suspended Respondent, Richard Louis Sloane, from the practice of law in Maryland with the right to apply for reinstatement after six months.”
Mr. Sloane attended the Georgetown University Law Center, graduating in 2002. He practices in Silver Spring, Maryland. He is licensed in Maryland. Mr. Sloane’s info can be found on martindale.com.
A copy of the original filing can be found here.