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Keywords

attorneyhearingmotiontrustwillrespondent

attorneyhearingmotiontrustrespondent

Related Cases

In re Disciplinary Proceeding Against Brothers, 149 Wash.2d 575, 70 P.3d 940

Facts

Thomas J. Brothers, an attorney since 1980, was involved in preparing a living trust for Ms. Stella Hawkins. In 1996, he charged her a fee of $36,663 for legal services related to transferring her home, which was deemed grossly excessive compared to the minimal work performed. Following a grievance filed by Ms. Hawkins' son, Larry Matthews, the Washington State Bar Association's hearing officer found that Brothers had violated RPC 1.5 by charging an unreasonable fee, leading to a recommendation for a one-year suspension.

Thomas J. Brothers, an attorney since 1980, was involved in preparing a living trust for Ms. Stella Hawkins.

Issue

1. Whether the Board abused its discretion by denying Mr. Brothers' motion to remand for further evidence regarding his newly diagnosed medical condition. 2. Whether the majority of the Board erred by not remanding to the hearing officer for further evidence regarding the specific nature of the fee agreement. 3. Whether a one-year suspension, recommended by both the Board and the hearing officer, is an appropriate sanction in this case.

1. Whether the Board abused its discretion by denying Mr. Brothers' motion to remand for further evidence regarding his newly diagnosed medical condition.

Rule

In disciplinary proceedings, a respondent may request that the Board remand for a new hearing to consider newly discovered evidence. To justify remand, a moving party must show that the evidence could not have been discovered before the original hearing and that the new evidence will likely change the result.

In disciplinary proceedings, a respondent may request that the Board remand for a new hearing to consider newly discovered evidence.

Analysis

The court found that Mr. Brothers did not establish a sufficient connection between his newly diagnosed medical condition and his misconduct to warrant remand. Additionally, the court noted that Mr. Brothers had conceded to charging an unreasonable fee, making further findings unnecessary. The court emphasized that the prior disciplinary offense and the nature of the misconduct justified the one-year suspension.

The court found that Mr. Brothers did not establish a sufficient connection between his newly diagnosed medical condition and his misconduct to warrant remand.

Conclusion

The court upheld the Disciplinary Board's recommendation of a one-year suspension for Mr. Brothers, concluding that the Board acted within its discretion in denying the remand for additional evidence.

The court upheld the Disciplinary Board's recommendation of a one-year suspension for Mr. Brothers.

Who won?

The Washington State Bar Association prevailed in the case, as the court upheld the one-year suspension recommended by the Disciplinary Board, finding that Brothers' misconduct warranted such a sanction.

The Washington State Bar Association prevailed in the case, as the court upheld the one-year suspension recommended by the Disciplinary Board.

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