14-Day Suspension Proposed For Attorney Who Drafted Documents For Elderly Client He Failed To Meaningfully Consult With

Vermont Disciplinary Counsel has filed a memorandum  of jointly proposed conclusions of law and a 14-day suspension of an attorney who

drafted or facilitated the signing of seven estate planning-related documents over the course of 2015-2016 without ever once speaking privately  with his elderly client EM either on the telephone or in person. 

He followed the direction of the client’s son and the documents instituted changes that redounded to the son’s benefit, including the transfer of EM’s home and an IRA account, her power of attorney and health care directives and created a living trust for the son’s benefit

without speaking with her directly in any level of detail about the significance or possible consequences.

The agreement cites violations of duties to a client with diminished capacity and failure to communicate. It does not cite potential conflicts of interest or failure to abide by the client’s wishes regarding the objectives of the representation. 

Vermont has a very transparent bar discipline page that provides links to all the pleadings and exhibits in a matter

(Mike Frisch)