Billing For Watching TV May Be Excessive
A one-year suspension was affirmed by the Tennessee Supreme Court for an attorney’s failure to communicate, misconduct following discharge and threats to opposing counsel in a civil claim
The case that prompted this disciplinary complaint arose from a tragic occurrence. On October 15, 2009, Lori Noll fell down steps in her home. She died five days later. Ms. Noll was a wife, mother of two children, and the daughter of the claimants in this case, Frances Rodgers and Vearl Bible (collectively, the “Claimants”). Despite a medical examiner’s finding that the death was accidental, the Claimants suspected that their daughter’s husband, Adam Noll, was responsible for her death, motivated by a one-million dollar insurance policy on Ms. Noll’s life. A close friend of the Claimants recommended Attorney Sallee to advise them on their legal options.
There were also serious billing issues
Assuming arguendo that the hourly rate of $250 per hour is reasonable for Attorney Sallee’s experience and ability, it is important under the Rules that the lawyer ensure that the work for which he or she seeks to charge the client is “reasonable.” For example, a lawyer who represents criminal clients may be interested in watching Perry Mason or Breaking Bad on television, and may even pick up a useful tidbit or two from doing so. The lawyer may not, however, equate that to research for which he or she may charge a client. In this case, the Panel did not err in considering the many hours Attorney Sallee sought to charge the Claimants for watching television shows such as 48 Hours. In addition, the Panel considered the explanations offered by Attorney Sallee for charging the Claimants a lawyer’s rate for many, many hours spent on essentially administrative tasks, and it found that she did not have adequate justification under the facts of this case for such charges. The Panel did not err in considering either of these factors in reaching the conclusion that Attorney Sallee sought to charge the Claimants for work that was not reasonable. RPC 1.5 cmt. 5 (2010) (“A lawyer should not exploit a fee arrangement based primarily on hourly charges by using wasteful procedures.”).
A footnote
Attorney Sallee also objected to the trial court’s comment that she “watched TV and charged her client for it.” She characterized this statement as “ridiculous,” adding, “since when is television not a respectable avenue for research anyway.” Attorney Sallee pointed to a particular time entry on her “billing statement” as legitimate billable time because it was spent watching a five-hour documentary on the Peterson “Stair Case Murder” in North Carolina. Her motion did not address a 12.5-hour time entry on September 25, 2010, for watching “48 Hours” episodes on similar spousal homicides, a 4.0-hour time entry on October 19, 2010 for watching four “48 Hours” episodes on asphyxia, or a 3.5-hour time entry on October 20, 2010 for watching these same “48 Hours” episodes a second time. At Attorney Sallee’s regular hourly rate, this would amount to over $5,000 for watching episodes of “48 Hours.”
Sanction
In choosing to impose a one-year suspension, the Panel found five aggravating factors: (1) a dishonest and selfish motive; (2) a pattern of misconduct; (3) multiple offenses; (4) refusal to acknowledge the wrongfulness of her conduct; and (5) indifference to making restitution. It found only one mitigating factor: the absence of a prior disciplinary record. Attorney Sallee vigorously disputes the aggravating factors. She asserts, in effect, that she did “NO HARM,” that the “conduct alleged was d[e] minimus,” and that her efforts benefitted her clients. We disagree. The Panel’s finding on all five aggravating factors is well supported in the record. Indeed, Attorney Sallee’s argument on this issue highlights perhaps the most disturbing of the aggravating factors present in this case: Attorney Sallee’s obdurate insistence that she did nothing wrong. At every turn in these proceedings, faced with findings at every level that her conduct breached numerous ethical rules, Attorney Sallee has been doggedly unrepentant. Indeed, her consistent response has bordered on righteous indignation. Under all of these circumstances, we find ample support for the one-year suspension in this case.
(Mike Frisch)