Iowa Supreme Court Attorney Disciplinary Board v. Carty

Summary

The Iowa Supreme Court held that attorney John W. Carty violated disciplinary rules by collecting a probate fee prematurely, failing to reduce his ordinary fee after the estate was correctly valued, and collecting duplicative extraordinary fees. The court imposed a sixty-day suspension, required restitution of $6,165 to a trust established under the decedent's will, and taxed the proceeding's costs against Carty.

Holdings

1. Carty violated DR 2-106(A) by accepting the full ordinary probate fee before filing the final report and paying the costs, contrary to Iowa Court Rule 7.2(4).
2. Carty violated DR 2-106(A) by failing to amend his ordinary fee claim after the estate's gross value was reduced.
3. Carty violated DR 2-106(A) by charging and collecting extraordinary fees for services that duplicated ordinary services for which he had already been compensated.
4. By violating DR 2-106(A), Carty also violated DR 1-102(A)(1), and his conduct violated DR 1-102(A)(6) because it adversely reflected on his fitness to practice law.
5. A sixty-day suspension was warranted, together with restitution of $6,165, costs, and compliance with the applicable reinstatement and client-notification rules.

Questions Presented

1. Whether Carty violated DR 2-106(A) by collecting the full ordinary probate fee before the final report was filed and costs were paid.
2. Whether Carty violated DR 2-106(A) by failing to reduce his ordinary fee claim after the estate's gross value was corrected downward.
3. Whether Carty violated DR 2-106(A) by charging and collecting duplicative extraordinary fees for services included in his ordinary-fee compensation.
4. Whether the violations also constituted violations of DR 1-102(A)(1) and DR 1-102(A)(6).
5. What discipline was appropriate for the violations.

Disposition

other