Unauthorized Practice Of Law Committee, Wyoming State Bar v. Stock

456 P.3d 1234 (2020)

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Nature of the Case

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Facts

In late February 2018, Voyles, attorney, notified the Wyoming Office of Bar Counsel and others of allegations that Stock (D) had engaged in the unauthorized practice of law (UPL). The victims of D's UPL were Voyles' longtime clients, Richard and Geraldine Casull. According to Voyles' letter, 'Mr. Casull is terminally ill with cancer and Mrs. Casull is incapacitated with dementia.' Mr. Casull died on May 6, 2018, at age 87. Casull had created the .454 Casull cartridge, a high-velocity round for the .45 Colt. Casull held 17 major firearm patents. Geraldine Casull died on February 19, 2019. She was 87. According to Voyles' letter the Dick and Jeri Casull Living Trust was created in 2007 and was prepared by Bowers Law Firm. Casulls hired Voyles to amend the trust agreement twice, once in 2010 and again in 2016. In October 2017, D convinced Mr. Casull to execute what is titled the 'D & G Bullet Trust, a business trust.' D told Mr. Casull the trust would protect his business assets but would not include his personal property. D made himself one of the 'trustees' in the 'trust' document. D had the Casulls sign quitclaim deeds that put their real property - which includes their personal residence - into the 'trust.' D had Mr. Casull execute a power of attorney that has designated him as Mr. Casull's Attorney-in-Fact. D also had Mrs. Casull sign a new power of attorney that made Mr. Casull her Attorney-in-Fact. D also advised the Casulls not to 'let the lawyers' know what they had executed. He explained that the lawyers 'would not understand' and would 'only mess things up.' Voyles was under the firm believe the Casulls had no idea what they signed. On April 13, 2018, Voyles sent an email to P advising that Voyles had obtained a title guarantee insuring the property title for the 2007 trust. On April 24, 2018, P received a formal UPL report from attorney, Andrew Irvine, who submitted the report on behalf of M. Daniel Carey, an adult nephew of Casulls. The report stated: D and Mr. Occhi provided advice, expressed legal opinions, and drafted legal documents for Mr. Richard Casull and Mrs. Geraldine B. Casull without having been admitted to practice law in Wyoming. Mr. Casull is dying of cancer and does not have the capacity or will to manage his property and personal affairs. Likewise, Mrs. Casull suffers from severe dementia and lacks the capacity to make decisions for herself. D replied that he never intended to practice law and merely adopted his estate plan over to the Casulls. On July 10, 2018, D sent a letter to P to which he attached a list of cases pulled from the Internet which he said shows he does not need a license to practice law. To clear up the title problems created by D's conduct, it was necessary for Voyles to obtain an appraisal and a title commitment. The total cost was $4,464.00. P concluded that D engaged in the unauthorized practice of law by (1) preparing the D & G Bullet Trust and related documents; (2) preparing and recording the quitclaim deed transferring the Casull property to the D & G Bullet Trust; and (3) preparing the general power of attorney of Richard J. Casull. P proposed to resolve the matter by entering into a consent agreement with D to pay restitution in the amount of $4,464.00 and a fine of $300.00 ($100.00 for each of the three incidents of unauthorized practice of law). D sent an 'Express Notice of 'Waiver of Tod' which contained an offer to settle his claims against P and others in exchange for a payment of $620,000.00. A hearing was held.