Saturday, February 3, 2018

No Good Deed Goes Unpunished

Recent Idaho Supreme Court discipline may be of interest to the students who read this blog as part of my old colleague Mike Oths' ethics class at Concordia University School of Law.

The attorney represented a client who was the plaintiff in a personal injury matter. The case settled to the client's satisfaction.

The client sought "immediate access to a portion of the funds to pay her living expenses." The attorney made two advances from his own funds or funds from the bank account of a company he owned in the total amount of $16,000.

The attorney and State Bar stipulated that the attorney had not properly explained the options to the client and that Rules 1.4(b) (communication) and 1.15(a) (handling entrusted funds).

He also stipulated to the sanction - 60 day suspension with 28 days of actual suspension followed by six months of probation. 

Notably, no financial harm was caused to the client or anyone else. Nor was there any financial benefit to the attorney. (Mike Frisch)

Bar Discipline & Process | Permalink


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