Attorney fully paid themselves for work, yet not completed

[tillman]

Jurisdiction

Iowa

The attorney serving the administrator for my deceased sister's estate has taken estate assets (money out of the Estate checking account) and has fully paid himself and the administrators their agreed up "fees" that were clearly stated in the Family Settlement Agreement that was sign by all heirs and court approved.

Problem is, the Estate is not closed yet, there are court deliiquencies filed by the court for non payment of court fees, final income taxes not paid up yet, and the Administrator and her Attorney have gone silent.

Again, they've already paid themselves in full, with the Estate still open and their work not completed.

This is in the State of Iowa and after 4 months of no responses to phone call and emails, I'm wanting to draft a complaint to the Iowa Board of Attorney Discipline.

Question is, I"m looking at the Chapter 32 Iowa Rules of Professional Conduct and since I'm not a lawyer, am a little lost under what rule (attorney fully compensating themselves to an agreed upon fee before their service to client is complete) as been violated.

Any help? Thanks all

 

[adjusterjack]

You don't have to cite a rule, and probably shouldn't.

Just tell the story and let the disciplinary people work it out.

they've already paid themselves in full, with the Estate still open and their work not completed.

That's probably all you have to say along with specific facts about what was supposed to be done and what wasn't done.

 

[tillman]

You don't have to cite a rule, and probably shouldn't.

Just tell the story and let the disciplinary people work it out.



That's probably all you have to say along with specific facts about what was supposed to be done and what wasn't done.

Thank you for the reply. Yes, I should confer with an attorney but it's sunday and will do so tommorrow.

I would assume an Attorney in Iowa dispersing full payment to himself out of a trust account before work (Estate, which has delinquencies fines adding up). is unethical.

Or is it? Can an Attorney just go ahead and write themselves a check in full for the agreed up fee, without completing the job? It looks like, "hummm, geez, I just pocketed the agreed amount of $6,500 so guess I"m paid up...no reason spending one more minute on this estate."