Midshore Riverkeeper Complaint Against Funk & Bolton Lawyer Thrown Out

The Maryland Attorney Grievance Commission has thrown out a complaint against Funk & Bolton Attorney Charles “Chip” MacLeod for alleged misconduct in soliciting seven county governments to mount a challenge to the state’s federal mandated Bay cleanup plan–on the basis that it does not adequately address mitigation of 185 million tons of sediment backed up at the Conowingo Dam.

Sediment and nutrient discharges have been larger and more frequent over the last decade as the dam has neared it storage capacity.

“We will take no further action in connection with this matter and I am, today, closing this file,” Wrote the Commission’s chief counsel, Glenn M. Grossman on Feb. 21, and read by Kent County Commissioner Ron Fithian at last night’s commissioners’ meeting.

The complaint filed by Midshore River Keeper Conservancy Executive Director Timothy Junkin alleged that MacLeod’s misrepresentations were “false, misleading, and misrepresentations of the truth in violation of the Maryland Rules of Professional Responsibility.”

The complaint also alleged that the solicitation materials MacLeod presented to the county governments were not labeled as “Advertising Material” in the direct solicitation of a prospective client.

Actually, Kent County is already a client of Funk & Bolton as are the other counties in the seven-member coalition.  Much of the firm’s business model focuses on representing local governments.

“While it is not completely clear that the [advertising rule] was violated, it is clear that the recipients of the communication are sophisticated enough to evaluate its contents on the merits,” Grossman wrote.

Grossman also warned Junkin to refrain from publicizing the matter. Junkin sent a copy of his complaint to the Capital Gazette last November after Kent County had voted to join with the other six counties to challenge the Bay cleanup mandates.