? Reinstatement Unopposed But Denied | Main
November 29, 2011
Too Late To Mitigate
An attorney?was retained and paid a $10,000 non-refundable retainer for a criminal case.?A few days later, the client committed suicide. At the time, the attorney had done no more than five hours of work on the case.?
The client's widow sought a refund. The attorney refused, "asserting that he had earned the entire amount." The attorney refunded the fee?during the ensuing disciplinary proceeding.
The Indiana Supreme Court ordered?a suspension?of 30 days for charging an excessive fee and failure to return an unearned fee. The court found that restitution after a grievance is filed "does not qualify as a mitigating circumstance." (Mike Frisch)
November 29, 2011 in Bar Discipline & Process | Permalink
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