Probate Misconduct Draws Indefinite Suspension

An indefinite suspension of an attorney wa imposed by the Massachusetts Supreme Judicial Court for an attorney’s intentional misuse of the proceeds of a disabled veteran’s estate.

And the fees were, to put it mildly, excessive

The probate of the client’s estate was routine and presented no novel or difficult issues. At the time of his death, all of the client’s assets were under the control of a guardian. The guardian filed a final account, which was approved by the court. The guardian transferred the client’s assets to the respondent after the respondent was appointed as the estate’s representative. The life insurance proceeds were paid to the estate immediately upon receipt of proof of the respondent’s appointment as the estate’s representative and a copy of the client’s death certificate. The client’s final expenses, not already paid by his guardian, were minimal. The tax returns for the estate were prepared by an accountant whom the respondent hired and whose fees were paid from the assets of the estate as reflected in the First Account.

Notwithstanding the uncomplicated nature of the estate, the respondent charged the estate $117,214.50. This amount included $72,750 in legal fees for allegedly 286.25 hours of legal work, an amount that the respondent intentionally inflated. In addition to misrepresenting the amount of time he actually spent on the estate, the respondent performed unnecessary work and charged the estate at his legal rate for work that did not require legal services.

The respondent also charged the estate $27,402 for work performed in his capacity as executor even though the respondent performed no work for the estate in his capacity as executor that he did not charge and bill to the estate as a legal fee. He charged the estate $17,062.50 for legal services which were completely unrelated to his work on behalf of the estate, intentionally misrepresenting the estate’s liability for these fees in the process.

The respondent’s conduct in charging the estate for services that he had not performed and for hours that he had not expended, for charging the estate for unnecessary services and for non-legal services at his legal rate of $250 per hour, and for misrepresenting the estate’s liability for fees generated in connection with unrelated work, violated Mass. R. Prof. C. 1.5(a) and 8.4(c). 

He had no prior discipline and had made restitution of less than $30,000. (Mike Frisch)