Disciplinary Reporter Case Digest

Attorney ID 0
Attorney Name Anonymous,    
DBP Docket No. 14 DB 2000
Supreme Court Docket No. N/A
Disciplinary Counsel Anthony T. Verwey
Counsel for Respondent
Decision Date 2001-08-14
Effective Date 2001-08-14
Case Digest Respondent was charged with drafting a will on behalf of a client, to whom he was not related, in which he was a named beneficiary of a bequest consisting of any vehicle owned by the client at the time of her death. The client died and Respondent received the bequest of a car valued at approximately $24,000.00, which he sold for approximately $20,000.00. Respondent argued that he was not aware of the prohibition against an attorney drafting a will for a non-relative in which the attorney is a named beneficiary or he would not have engaged in the misconduct alleged. Respondent also provided character witnesses who testified positively with regard to Respondentís reputation in the community. The Hearing Committee concluded that Respondent had violated the rule charged and should be subject to private discipline. The Board accepted and adopted the Hearing Committee recommendation of private discipline.
Rule Violation(s) R.P.C. 1.8(c)
Discipline Imposed Private Reprimand
Points of Law A lawyer violates Rule 1.8(c) when he prepares a will for a client who is not related to him, which will contains a bequest of value to the lawyer.
Report/Opinion not available