Attorney caught red handed, Conflict of Interest - wants fee to resign

[Camden]

Jurisdiction

Michigan

To make a long story short, it was recently discovered that the attorney for the estate of my deceased mother has been counseling another heir to make a grab for the majority of the assets. money belonging to the estate has been transferred to this heir and the heir has also been paying the estate attorney on the side to sway assets from other heirs.

the rest of us heirs found out about this after a subpoena of the inventory list showed these assets covertly given to this heir. The estate Executor was taking a very passive role in the administration of the estate and was leaving all the legwork to this attorney

The heir that is involved with the Estate attorney got scared and decided to fess up, forwarding copies of emails between himself and the Estate attorney and showing payment transactions to this attorney. It all looks like it was a scheme to empty the Estate and the Heir and Attorney reaping the benefits. This heir has vowed to reimburse the estate.

So, now that this is in the open, I contacted this Attorney via email and demanded an immediate resignation because of this theft and the obvious Conflict of Interest. He agreed to resign, ONLY if he was to be paid a fee of $25,000. This was clearly stated in his reply email

So, now to get this crook off our Estate, we need to pay this guy off? up to this point, I didn't not have an attorney to represent me, but will be talking to one soon. Meanwhile, do we just consider $25k a cost of doing business to get rid of this guy?

 

[flyingron]

There are two issues here: Getting rid of the attorney, and arguing whatever fee he thinks he's entitled to.

Who's the executor/PR for the estate? How did you get this subpoena? Did you have another attorney? It's straightforward for the executor (if it's not the attorney) to remove the executor. If the attorney is the executor, then it's more involved to remove him. You're definitely going to need another attorney involved.

Once you get rid of him, he's still going to probably claim he deserves payment for services. The Michigan Attorney General's office has a procedure for fee complaints. Alternatively, the attorney will likely litigate for what he thinks he's owed.

No matter how you slice it, you're going to need a new attorney.

 

[old mort]

There are two issues here: Getting rid of the attorney, and arguing whatever fee he thinks he's entitled to.

Who's the executor/PR for the estate? How did you get this subpoena? Did you have another attorney? It's straightforward for the executor (if it's not the attorney) to remove the executor. If the attorney is the executor, then it's more involved to remove him. You're definitely going to need another attorney involved.

Once you get rid of him, he's still going to probably claim he deserves payment for services. The Michigan Attorney General's office has a procedure for fee complaints. Alternatively, the attorney will likely litigate for what he thinks he's owed.

No matter how you slice it, you're going to need a new attorney.

So, if this Attorney has been caught red handed for crooked affairs along with an obvious Conflict of interest, are you saying that he's still entitled to his fees?

Are you saying he can also demand a severence fee, much like a ransom?

Crooked lawyers get to to this kind of things scott free and not be liable? I'm confused by your response

 

[PayrollHRGuy]

So, if this Attorney has been caught red handed for crooked affairs along with an obvious Conflict of interest, are you saying that he's still entitled to his fees?

Are you saying he can also demand a severence fee, much like a ransom?

Crooked lawyers get to to this kind of things scott free and not be liable? I'm confused by your response

You may have all the evidence of bad acts in the world on this guy but he isn't legally guilty of anything until a court rules he is.

 

[Zigner]

So, now to get this crook off our Estate, we need to pay this guy off? up to this point, I didn't not have an attorney to represent me, but will be talking to one soon. Meanwhile, do we just consider $25k a cost of doing business to get rid of this guy?

This really is a matter for the executor (executor is a colloquial term for "personal representative") to deal with. It's possible that the executor could be on the hook (personally) for any losses the estate incurs because of this. You are wise for retaining your own representation, as the estate attorney does not represent you, nor do you pay the estate attorney (directly).

 

[zddoodah]

it was recently discovered that the attorney for the estate of my deceased mother has been counseling another heir to make a grab for the majority of the assets.

1. When you refer to "the attorney for the estate," what do you mean? Sounds like you are referring to an attorney hired by the executor of the estate to represent him/her in his/her capacity as executor. Correct?

2. What exactly is the nature of this "counseling"? In other words, what exactly did this lawyer counsel this "other heir" to do?

3. This might essentially be the same as question #3, but what exactly does "make a grab" mean in this context?

money belonging to the estate has been transferred to this heir

Transferred by whom?

the rest of us heirs found out about this after a subpoena of the inventory list showed these assets covertly given to this heir.

Given by whom?

So, now to get this crook off our Estate, we need to pay this guy off?

Well...you know the facts better than anyone here. Apparently, if you want the guy to resign, he'll need to be paid. However, there are other ways to have him "removed," the most obvious being that the executor can fire the lawyer. Have you discussed this with the executor? If so, what was his/her response? If not, why not? Seems to me that serious consideration also ought to be given to seeking removal of the executor.

up to this point, I didn't not have an attorney to represent me, but will be talking to one soon. Meanwhile, do we just consider $25k a cost of doing business to get rid of this guy?

If you're going to retain an attorney, then what you "consider" in the meantime isn't particularly important. You certainly shouldn't pay the demand except on advice from your own attorney.

So, if this Attorney has been caught red handed for crooked affairs along with an obvious Conflict of interest, are you saying that he's still entitled to his fees?

No one said that, and no one here is in any position to know what this lawyer is or isn't entitled to. All we have to go on is your (understandably) biased and one-sided allegations.

Are you saying he can also demand a severence fee, much like a ransom?

Anyone can demand anything one wants. However, just because someone demands something doesn't mean he/she is entitled to it or will get it.

I'm confused by your response

Your confusion seems to be a result of completely misreading or misconstruing what "flyingron" wrote. He started by noting that the two issues are distinct (albeit related) and then asked some questions. He pointed out that the executor can fire his/her attorney at any time and said that the attorney will claim entitlement to payment. He pointed out the existence of a fee dispute mechanism (although it's not clear to me that that will be needed) and emphasized twice that you need to retain the services of your own attorney (as you apparently plan to do). What's confusing about that?

 

[flyingron]

So, if this Attorney has been caught red handed for crooked affairs along with an obvious Conflict of interest, are you saying that he's still entitled to his fees?

Are you saying he can also demand a severence fee, much like a ransom?

Crooked lawyers get to to this kind of things scott free and not be liable? I'm confused by your response

I didn't say any of that. Lose the attitude. You didn't answer the question so I still can not give you anything definite.

The person responsible for administering the estate can dismiss him. THere's nothing (well not much) he can do about it. If he claims he is owed money for his services, then he will likely make a claim against the estate. It's at this point you bring up the malfeasance, etc... But you can't just stomp your feet and scream "bad lawyer" and expect it will go away.

If he is the executor, it is more involved because first you have to go to court and have him removed. Again, it's going to take more than just the allegation that you have "proof."

THERE'S NO DOUBT ABOUT IT. YOU NEED A LAWYER.

 

[adjusterjack]

So, now to get this crook off our Estate, we need to pay this guy off? up to this point, I didn't not have an attorney to represent me, but will be talking to one soon. Meanwhile, do we just consider $25k a cost of doing business to get rid of this guy?

You're asking strangers on the internet?

You should be contacting whatever agencies that can put this shyster in jail.

Here are some possibilities:

Home - Attorney Grievance Commission (agcmi.org)

LARA - MI Department of Licensing and Regulatory Affairs (michigan.gov)

State Bar of Michigan (michbar.org)

Maybe even your local district attorney.