Board Of Professional Responsibility, Wyoming State Bar v. Casper

318 P.3d 790 (2014)

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Nature of the Case

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Facts

D entered into a Legal Services Agreement (LSA) with her client in December 2011, and thereafter entered her appearance on the client's behalf in a divorce and child custody proceeding. he LSA provided that D would charge a minimum of one quarter hour (15 minutes) for CLIENT'S case, including telephone calls, except for reviewing and signing letters which will be billed for one-quarter hour. The LSA also authorized D to file a lien on all property of the client to secure fees and costs. The client paid D a $5,000.00 retainer, and D represented the client through the first day of the trial. The proceedings were adjourned and subsequently reset for a second day of trial, April 19, 2013. In January 2013, D filed a motion to withdraw because the client had not paid her fees. That motion was granted by the district court, and the client completed the trial without the assistance of counsel. The Decree of Divorce, entered April 30, 2013, identified certain real property as marital property and ordered the parties to sell it. On May 13, 2013, D caused to be filed of record with the Natrona County Clerk a 'Lien Statement' which indicated that her client owed her $18,717.05. The Lien Statement identified the real property as being subject to the lien and it indicated that it was being filed pursuant to Wyo. Stat. Ann. § 29-1-312 (LexisNexis 2013). D attached a copy of the 'Client Ledger,' which sets forth, in some detail, the tasks completed by D and her staff, the charges therefore, and the disbursements made on the client's behalf. The client's ex-husband was the record owner of the property. He contacted D to question the propriety of the lien, but D took no action to correct it. The ex-husband then filed a Complaint with bar counsel, and this matter was initiated. D stipulated that she violated Rules 1.5 (Fees), 1.9(c) (using confidential information to the disadvantage of a former client), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation) of the Wyoming Rules of Professional Conduct for Attorneys at Law.