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Keywords

attorneyhearingwillcomplianceprobation

attorneyhearingwillleaserespondent

Related Cases

Matter of Layton, Not Reported in Cal.Rptr.2d, 1993 WL 77191, 2 Cal. State Bar Ct. Rptr. 366

Facts

In January 1984, Herbert F. Layton prepared a will for Virgie Rae Dixon, naming himself as executor and attorney. After Dixon's death in February 1984, Layton was tasked with administering the estate but failed to distribute the estate's assets in a timely manner, despite repeated requests from the beneficiaries. By 1989, the estate had not been closed, and Layton faced allegations of incompetence and lack of communication with the beneficiaries, leading to disciplinary proceedings against him.

In January 1984, respondent prepared a will for Virgie Rae Dixon. The will named respondent as executor and attorney and authorized him to receive fees both as executor and as attorney.

Issue

Did Herbert F. Layton recklessly fail to perform legal services competently in the administration of the Dixon estate, thereby violating the Rules of Professional Conduct?

The amended notice to show cause charged that respondent failed to perform services competently in that he failed to timely file estate tax returns, failed to preserve estate assets, and failed to timely distribute estate property, in violation of rule 6–101(A)(2).

Rule

An attorney must perform services competently and diligently, as outlined in rule 6–101(A)(2) of the Rules of Professional Conduct.

Executors are not required to be attorneys and are not subject to the Rules of Professional Conduct of the State Bar. (Layton v. State Bar (1990) 50 Cal.3d 889, 904.) Nevertheless, part of the services respondent rendered to the estate were performed in his capacity as an attorney.

Analysis

The court found that Layton's actions constituted a reckless disregard for his duties as both executor and attorney. He failed to file necessary documents in a timely manner, did not communicate effectively with the beneficiaries, and allowed the estate administration to extend over five years without closure. The court emphasized that compliance with statutory time limits is a factor in assessing competence but does not absolve an attorney from the duty to act diligently.

The hearing judge concluded that respondent wilfully violated rule 6–101(A)(2) in that he recklessly exceeded the time allowed for the administration of the estate; recklessly failed to sell or distribute the real property for an unreasonable period of time; recklessly failed to timely settle the supplemental accounting; and recklessly failed to notify the beneficiaries or communicate with them regarding his intentions not to sell or lease the real property.

Conclusion

The court upheld the hearing judge's recommendation for a two-year suspension, stayed execution, and three years of probation, concluding that Layton's misconduct warranted such discipline.

We conclude the discipline recommended is appropriate in light of the facts and circumstances of respondent's present misconduct and his past similar misconduct.

Who won?

The State Bar prevailed in this case, as the court affirmed the findings of misconduct and the recommended discipline against Layton.

The court upheld the hearing judge's findings and concluded that the recommended discipline was appropriate given Layton's past misconduct.

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Lafler v. Cooper, 566 U.S. 156, 132 S.Ct. 1376, 182 L.Ed.2d 398, 80 USLW 4244, 12 Cal. Daily Op. Serv. 3299, 2012 Daily Journal D.A.R. 3726, 23 Fla. L. Weekly Fed. S 203

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