ADMONITION
On September 16 2004, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court admonished an attorney for violation of Rules 1.5(a) (Fees), 1.16(d) (Declining or Terminating Representation), and 8.4(a) and (c) (Misconduct) of the Rules of Professional Conduct.
In summary:
An attorney was retained by a client to represent the client’s interests in the client’s deceased spouse’s estate. The attorney indicated to the client that the deceased spouse’s children should retain an attorney to represent the children, because the attorney intended to sue the children. The client’s parent informed the attorney not to sue the children. The client terminated the attorney’s services, but the attorney would not cease the representation. The attorney attempted to have the client sign a contract, but the client would not sign it. The attorney billed the client for services after termination of the representation, but later claimed it was an error. The attorney filed a motion in court in an attempt to avoid termination of representation from the case. The attorney finally withdrew from the case.