Tuesday, November 30, 2010

Wyoming Attorney Suspended After Violation

Link of Case: http://web2.westlaw.com/result/default.wl?tc=1&sv=Split&service=KeyCite&scxt=WL&tf=507&rlti=1&cxt=RL&n=1&mt=Westlaw&fn=_top&vr=2.0&rlt=CLID_FQRLT709516122711&rp=%2fKeyCite%2fdefault.wl&cite=133+P.3d+514&cnt=DOC&rs=WLW10.10&ss=CNT

In Wyoming State Bar v. Fulton, JoAnn Fulton, an attorney for the State of Wyoming was suspended from practicing Law according to the Wyoming State Bar Association. She was found to be in violation of various disciplinary codes of the Wyoming State Bar. She is appealing the decision to the Wyoming Supreme Court, claiming the order is inappropriate for the actions.

According to the complaint, the Wyoming State Bar claims the defendant violated Rule of Professional Conduct 1.5(a), when she included a paralegal time in the bill in regards to a contingency fee already charged to the client, in a percentage form. They also claimed Mrs. Fulton violated Rules 5(e) and Rule 6 of the Rules governing Contingency Fees when she failed to provide a client with the Rules, and the Representation Agreement did not comply with the rules. She violated Rule 6 when she fails to seek approval for the change in the documentation. The complaint states that the incident occurred on multiple occasions. Mrs. Fulton also violated Rule 1.1 when she filed a suit without merit, as well as informing clients that interest on settlement funds were not taxable if the she kept the funds.

The attorney, JoAnn Fulton was ordered to pay a fine to the State of Wyoming Bar Association for reimbursement for the costs associated with the case. She was also ordered that her license to practice law in the State of Wyoming be suspended for a time no less than 3 years, and that the actions be documented with the State Bar Association.

This case sets an example for all attorneys practicing law the importance of knowing the Rules of Conduct and abiding by the rules in order to appropriately do business in a legal way. It also shows the harsh punishment involved when attorneys fail to abide by the rules.

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