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In re Gaines

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On Report and Recommendation of Hearing Committee Number Eight Approving Petition for Negotiated Discipline (BDN 256-03 & 475-07).

Before FISHER and THOMPSON, Associate Judges, and NEWMAN, Senior Judge.

Bar Counsel received two complaints against the respondent, Rachele Gaines, in 2003. Thereafter Bar Counsel opened two investigations. The first matter, BDN 256-03, concerned counsel’s failure to represent the interests of her client, who was an incapacitated ward, hereinafter referred to as Shannon. After respondent had been appointed as Shannon’s guardian, she failed to visit him, attend review meetings, or file required reports with the court. Respondent also failed to take necessary actions after she received notice of the proposed decertification of Shannon’s Medicaid eligibility. Upon notice of this lapse, the court directed respondent to attend a hearing on why she should not be removed as Shannon’s guardian. Respondent was removed as Shannon’s guardian after she failed to attend the court hearing.

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