In the Matter of Daniel E. Moore

Summary

The Indiana Supreme Court approved a conditional agreement imposing a public reprimand on Daniel E. Moore for charging an unreasonable fee and amending a client's fee agreement without advising the client to seek independent counsel. The misconduct arose from representation in a dissolution of marriage action, and one justice dissented, favoring suspension absent proof that excess fees were refunded.

Holdings

1. The court approved the Statement of Circumstances and Conditional Agreement for Discipline.
2. For charging an unreasonable fee and entering into fee-agreement business transactions with a client without the required independent-counsel advice and opportunity, Moore received a public reprimand, and the proceeding's costs were assessed against him.

Questions Presented

1. Whether the Indiana Supreme Court should approve the parties' Statement of Circumstances and Conditional Agreement for Discipline.
2. Whether a public reprimand was an appropriate sanction for charging an unreasonable fee and amending a client fee agreement without the required advice and opportunity to obtain independent counsel.

Disposition

approved