On February 23, 2023, the Disciplinary Commission of Alabama State Bar issued a private reprimand pursuant to Rule 12(c)(1), Alabama Rules of Disciplinary Procedure in ASB No. 2022-885. The Disciplinary…
Read more »
Date: 3/13/2023
Discipline Imposed: Private Reprimand
Description:
On February 23, 2023, the Disciplinary Commission of Alabama State Bar issued a private reprimand pursuant to Rule 12(c)(1), Alabama Rules of Disciplinary Procedure in ASB No. 2022-885. The Disciplinary Commission concluded that the attorney violated Rules 1.4 [Communication], 1.5 [Fees], 1.15 [Safekeeping Property], 7.1 [Communications Concerning a Lawyer’s Services], 7.5 [Firm Names and Letterhead], and 8.4(c) [Misconduct], Alabama Rules of Professional Conduct. The Disciplinary Commission also ordered that the attorney make a full refund to the client. The attorney was retained in March 2021 by an individual to represent her husband at his parole hearing, including seeking early parole. In 1995, the husband, was convicted of Robbery II and sentenced to life in prison with the possibility of parole. The client ultimately paid the attorney $3,000 and according to the fee agreement, the attorney was to represent the husband in seeking an early parole hearing and at any future parole hearing. In the fee agreement, the attorney described the initial payment of $1,000 as “non-refundable”. In Formal Opinion 1993-21, the Disciplinary Commission held that a lawyer may not characterize a fee as non-refundable or use other language in a fee agreement that suggests that any fee paid before services are rendered is not subject to refund or adjustment. The Disciplinary Commission held that a lawyer violates Rules 1.4 [Communication], 1.5 [Fees], and 8.4(c) [Misconduct], Alabama Rules of Professional Conduct any time the lawyer describes a fee as “non-refundable”. The attorney also admitted during the investigation to failing to place any of the unearned fee into the trust account as required by Rule 1.15, Alabama Rules of Professional Conduct. According to the attorney, after researching the matter, it was determined that seeking an early parole hearing would be futile. Instead, on June 22, 2021, the attorney filed a motion to allow the husband to be transferred to a community corrections program. The court never took any action on the motion and the attorney did not file anything else on behalf of the husband. The attorney explained to the husband that all had been done all they would have to wait for his parole hearing. Eventually the attorney and the husband came to a mutual understanding that the attorney would no longer represent the husband and, as such, the attorney did not appear for the parole hearing. Also the name of the attorney’s law firm was “The Law Group of ___,LLC.” However, the attorney did not have any associates or staff. In Formal Opinion 1993-11, the Disciplinary Commission held that a solo practitioner may not use a firm name that would lead the public to believe that the law firm has more than one attorney. As such, the attorney’s use of “the law group” violated Rule 7.1 [Communication Concerning a Lawyer’s Services] and 7.5 [Firm Names and Letterhead, Alabama Rules of Professional Conduct.