ADMONITION N0. 25-02
CLASSIFICATIONS: Failing to Keep Client Informed or To Respond to Inquiries [Mass. R. Prof. C. 1.4(a)(3)]
Failure to Timely Communicate in Writing Basis of Fee or Scope of Work [Mass. R. Prof. C. 1.5(b)]
SUMMARY: In the first matter, Client retained the attorney to represent them in the administration of their mother’s probate estate. Client’s sibling was appointed personal representative of the estate. Client sent several emails and made several phone calls requesting a status update on the account of the mother’s estate. The personal representative had not yet filed an account, so there was nothing for the respondent to report, however, the respondent failed to communicate that to the Client or otherwise respond to the calls and emails. After the client terminated the respondent’s engagement, the respondent returned the Client’s retainer in full. A few months after the engagement was terminated, the personal representative filed an account, the matter was settled, and the Client received a fair share of the estate. Accordingly, Client was not harmed.
In a second matter, the respondent was retained to represent client’s interests in a complex probate estate. The respondent failed to communicate to the client in writing the scope of the representation and the basis or rate of the fee and expenses for which the client would be responsible before or within a reasonable time after commencing the representation.
The respondent obtained the client’s appointment as personal representative of the estate. The estate was complex in part because the decedent had retained an interest in several trusts that owned real estate. The client and the siblings became embroiled in contentious litigation regarding the estate assets. After the court held a trial and made findings and facts and conclusions of law, most of which were in client’s favor, the respondent filed a motion to withdraw from the case. The motion was granted.
By failing to adequately communicate to the first client the status of the probate estate, the respondent violated Mass. R. Prof. C. 1.4(a)(3). By failing to enter into a written fee agreement with the second client or communicate the scope of the representation and basis or rate of the fee in writing within a reasonable time after commencing the representation, the respondent violated Mass. R. Prof. C. 1.5(b).
The respondent received an admonition for this misconduct.