Don Proctor has spent his nearly 40 year career representing clients in complex commercial trials, arbitrations, mediations and appeals. He holds the highest "AV" peer review rating from America's premier lawyers' rating service, Martindale Hubbell. His experience includes corporate, business, and real estate disputes: business fraud, contract actions, dissolution proceedings, foreclosure litigation, professional liability claims against attorneys, accountants and other professionals, lender liability suits and other banking litigation, litigation involving commercial leases, real estate partnerships, land use, condemnations and other disputes involving real estate and real estate valuation. He also has substantial experience in state and local tax assessment proceedings.
Don founded the law firm of Proctor & McKee, P.A. in 1997 after having practiced for 25 years with Miles & Stockbridge, a large mid-Atlantic law firm where he served as chairman of the firm's commercial litigation department, a member of the firm’s board of directors, chairman of the firm’s management committee and managing principal of the firm’s Towson, Maryland office.
Don attended Gilman School in Baltimore, graduated from Lehigh University (B.S., Business Administration) in 1966 and from the University of Maryland School of Law in 1969, where he was elected as the Managing Editor of the Law Review. After serving a one-year appointment as the law clerk to Chief Judge Hall Hammond of the Maryland Court of Appeals, the state’s highest court, he joined the Baltimore-based regional law firm of Miles & Stockbridge in 1970. During his first two years with Miles & Stockbridge (1970 and 1971), he also served as a Special Assistant to the Maryland State Board of Law Examiners. Don took a leave of absence from Miles & Stockbridge in 1973 and 1974 to serve as an Assistant Attorney General of Maryland and as a Special Assistant Attorney General for the Maryland State Department of Assessments and Taxation. Don returned to Miles & Stockbridge in 1974, becoming a partner in 1976. In 1981, he relocated from the Baltimore office of Miles & Stockbridge to become the managing partner of its Towson, Maryland office, where he practiced for 15 years. On January 1, 1997, Don established K. Donald Proctor, P.A., the predecessor to Proctor & McKee, P.A.
Don is admitted to practice before Maryland's state courts, the United States District Court for the District of Maryland, the United States Court of Appeals for the Fourth Circuit and the United States Supreme Court. He is a member of the American Bar Association (Member, Sections on: Litigation and Business Law), the Maryland State Bar Association and the Baltimore County Bar Association. He has served as chairman of the Maryland State Bar Association's Practice of Law Committee.
Don is listed in Who's Who in America and in Who's Who in American Law.
Don's practice has resulted in many reported decisions. These include:
Wells Fargo Bank, N.A. v. Diamond Point Plaza Limited Partnership, 185 Md. App. 489 (2009)(recovery of attorneys' fees; collateral estoppel); Diamond Point Plaza Limited Partnership v. Wells Fargo Bank, N.A., 400 Md. 718, 929 A.2d 932 (2007) (fraud under commercial loan non-recourse carve out exceptions; fraudulent transfer; claim under radius restriction in commercial lease; recovery of attorneys' fees); Harford County v. Saks Fifth Avenue Distribution Co., 399 Md. 73, 923 A.2d 1 (2007) (recovery of statutory and pre-judgment interest on tax refunds); Wells Fargo Bank, N.A. v. Diamond Point Plaza, L.P., 171 Md. App. 70, 908 A.2d 684 (2006) (fraud; material misrepresentation; fraudulent transfer; breach of lease); Renbaum v. Custom Holding, Inc., 386 Md. 28, 871 A.2d 554 (2005) (grounds for corporate dissolution); State Dept. of Assessments & Taxation v. Consolidation Coal Sales Co., 382 Md. 439, 855 A.2d 1197 (2004) (exemption of coal processor from personal property taxation); Heartwood 88, Inc. v. Montgomery County, 156 Md.App. 333, 846 A.2d 1096 (2004) (payment of interest on refund of tax sale deposits); Comptroller v. Clyde's of Chevy Chase, Inc., 377 Md. 471, 833 A.2d 1014 (2003) (applicability and scope of admissions and amusement tax); Pitts v. First Union Nat'l Bank, 262 F.Supp.2d 593 (D.Md. 2003) (liability for negligent administration of trust); Pitts v. First Union Nat'l Bank, 217 F.Supp.2d 629 (D.Md. 2002) (residency of national bank for purposes of federal jurisdiction); Meadows of Greenspring v. Foxleigh Enterprises, 133 Md. App. 510, 758 A.2d 611 (2000) (zoning); Singer v. Black & Decker Corp., 964 F.2d 1449 (4th Cir. 1992) (pension benefits); Singer v. Black & Decker Corp., 769 F.Supp. 911 (D.Md. 1991) (pension benefits); Almi Pictures, Inc. v. WFTY, Inc., 894 F.2d 401 (4th Cir. 1990) (attorneys' fees); Comstock Insurance Co. v. Thomas A. Hanson & Associates, 77 Md. App. 431, 550 A.2d 731 (1988) (insurer's liability for architect's and engineer's negligence); Board of Trustees of State Universities v. Fineran, 75 Md. App. 289, 541 A.2d 170 (1988) (wrongful discharge); Mercantile-Safe Deposit & Trust Co. v. Mayor & City Council, 308 Md. 627, 521 A.2d 734 (1987) (condemnation; valuation of restoration covenants); Eden v. Texaco Ref. & Mktg., 644 F.Supp. 1573 (D.Md 1986) (Petroleum Marketing Practices Act); Temporaries, Inc. v. Maryland National Bank, 638 F. Supp. 118 (D.Md. 1986) (RICO; security interests; pre-judgment interest); Temporaries, Inc. v. Maryland National Bank, 626 F.Supp. 1025 (D.Md. 1986) (security interests); Arbesman v. Winer, 298 Md. 282, 468 A.2d 633 (1983) (repossession by landlord); Wilson v. McGrow, Pridgeon & Co., 298 Md. 66, 467 A.2d 1025 (1983) (applicability of arbitration agreement); Cities Service Co. v. Governor of Maryland, 290 Md. 553, 431 A.2d 663 (1981) (Service Station Divestiture Act); Baltimore County v. State Dept. of Assessments & Taxation, 47 Md. App. 88, 421 A.2d 993 (1980) (exhaustion of administrative remedies); Andree v. Equitable Trust Co., 46 Md. App. 688, 420 A.2d 1263 (1980) (wrongful dishonor of check); Maryland Port Administration v. I.T.O. Corp., 40 Md. App. 697, 395 A.2d (1978) (sovereign immunity); Krashes v. White, 275 Md. 549, 341 A.2d 798 (1975) (malicious prosecution and abuse of process); Supervisor of Assessments v. Peter & John Radio Fellowship, Inc., 274 Md. 353, 335 A.2d 93 (1975) (religious exemption from real estate taxation); Warlick v. Supervisor of Assessments, 272 Md. 540, 325 A.2d 587 (1974) (farm assessments for real property taxes); Supervisor of Assessments v. Ely, 272 Md. 77, 321 A.2d 166 (1974) (real property assessment after change in zoning); Greyhound Computer Corp. v. State Dept. of Assessments & Taxation, 271 Md. 674, 320 A.2d 52 (1974) (tax assessment of computer systems); State Dept. of Assessments & Taxation v. Greyhound Computer Corp., 271 Md. 575, 320 A.2d 40 (1974) (tax assessment of computer systems); Grosvenor v. Supervisor of Assessments, 271 Md. 232, 315 A.2d 758 (1974) (real property assessment of escaped property); Supervisor of Assessments v. Bay Ridge Properties, Inc., 270 Md. 216, 310 A.2d 733 (1973) (assessment of easements); State Dept. of Assessments & Taxation v. Bendix Corp., 270 Md. 31, 310 A.2d 43 (1973) (tax assessment of inventory); Borden v. State Dept. of Assessments & Taxation, 19 Md. App. 112, 309 A.2d 773 (1973) (constitutionality of tax assessment procedures); Brocker Mfg. & Supply Co., v Mashburn, 17 Md. App. 327, 301 A.2d 501 (1973) (third party claims; workers' compensation); Perdue Foods, Inc. v. State Dept. of Assessments & Taxation, 264 Md. 672, 288 A.2d 170 (1972) (chicken processing qualifies for manufacturers' tax exemption); Perdue, Inc. v. State Dept. of Assessments & Taxation, 264 Md. 228, 286 A.2d 165 (1972) (exemption of poultry from taxation); Leikach v. Royal Crown Bottling Co., 261 Md. 541, 276 A.2d 81 (1971) (res ipsa loquitur); Carling Brewing Co. v. Belzner, 15 Md. App. 406, 291 A.2d 175 (1972) (workers' compensation; self inflicted injury); Kowalewski v. Carter, 11 Md. App. 182, 273 A.2d 212 (1971) (automobile negligence).