Narrative Opinion Summary
The case involves the disbarment of an attorney who was found to have violated several professional conduct rules, resulting in the termination of her legal license. The attorney, admitted to practice in 2001, was retained in June 2011 to represent a client in a probate matter involving the estate of the client's deceased mother. During the course of representation, the attorney was found to have misappropriated over $21,000 from the estate's funds, failed to communicate with the client, and improperly handled client funds, violating rules related to communication, fees, and safekeeping of property. The misconduct was compounded by the attorney’s failure to respond to formal charges and discovery requests from Bar Counsel. The court concluded that the attorney acted with dishonest motives, committed multiple offenses, and obstructed the disciplinary process. As a result, the court ordered her disbarment, effective immediately, and mandated restitution payments to the estate and the client, along with reimbursement of legal costs to the Wyoming State Bar. The disbarment was deemed appropriate under the American Bar Association Standards, particularly given the knowing conversion of client property without authorization.
Legal Issues Addressed
Disbarment under Professional Conduct Rulessubscribe to see similar legal issues
Application: The court disbarred the attorney for violations of professional conduct, including misappropriation of client funds and failure to communicate.
Reasoning: The Court approved and adopted the Amended Report and Recommendation for Disbarment concerning Mia Mikesell Shifrar, following the Board of Professional Responsibility's submissions on July 26 and August 17, 2012.
Factors for Disbarment under ABA Standardssubscribe to see similar legal issues
Application: The decision to disbar was influenced by factors such as the knowing conversion of client property and aggravating circumstances.
Reasoning: The most serious misconduct involved unauthorized diversion of client funds, aligning with Standard 4.11, which supports disbarment for the knowing conversion of client property.
Misappropriation of Client Fundssubscribe to see similar legal issues
Application: Respondent was found to have improperly diverted funds from the client's estate without authorization, constituting a breach of fiduciary duty.
Reasoning: Respondent improperly diverted $21,212.82 from the Spratt estate without authorization from James Spratt or the probate court, and she failed to inform Mr. Spratt of these disbursements.
Non-Compliance with Disciplinary Proceduressubscribe to see similar legal issues
Application: The attorney's failure to respond to Bar Counsel and comply with discovery requests contributed to the decision for disbarment.
Reasoning: Evidence shows Respondent failed to respond timely to Bar Counsel, violating Section 2(c) of the Disciplinary Code.
Restitution and Reimbursement Orderssubscribe to see similar legal issues
Application: The attorney was ordered to make restitution to the estate and reimburse the Wyoming State Bar for costs incurred.
Reasoning: Shifrar is ordered to reimburse the Wyoming State Bar $2,612.28 for costs and pay a $500 administrative fee, totaling $3,112.28, by November 30, 2012.
Violation of Professional Conduct Rules 1.4, 1.5, and 1.15subscribe to see similar legal issues
Application: The attorney violated rules regarding communication, fees, and safekeeping property by failing to communicate with the client and misappropriating funds.
Reasoning: The hearing concluded that Respondent violated several Rules of Professional Conduct, specifically Rules 1.4 (communication), 1.5 (fees), and 1.15 (safekeeping property).