The court finds that an attorney who took property from his elderly, mentally ill client as payment for "exorbitant" legal fees in a probate matter should be disbarred. Coffey's Case (N.H., No. LD-2003-011, August 12, 2005).
Attorney John Coffey represented Natalie Hopkins in several probate court proceedings concerning property she owned. Ms. Hopkins was successful, but the opposing party appealed. Mr. Coffey informed Ms. Hopkins that the appeal would cost more than $30,000 and he required a retainer. When Ms. Hopkins said she didn't want to spend her liquid assets, Mr. Coffey suggested buying the property from her. In July 1998, Ms. Hopkins conveyed her property to Mr. Coffey for $50,000, which was based in part upon Mr. Coffey's estimated fee of $30,000. The property was valued at $200,000.
The Supreme Court Committee on Professional Conduct filed a petition to suspend Mr. Coffey from the practice of law for two years. The hearing officer found that Ms. Hopkins' mental state began declining in 1997, and she was not in a clear mental state when she signed the conveyance. The officer recommended a two-year suspension after finding Mr. Coffey knowingly violated several rules of professional conduct.
The Supreme Court of New Hampshire agrees that Mr. Coffey violated the rules, but concludes that he should be disbarred. According to the court, "the conduct of a lawyer who selfishly takes advantage of an elderly, mentally ill client by charging an exorbitant fee and then relies upon less than forthright testimony to defend his conduct requires disbarment."
To see the full text of this decision, go to: https://www.courts.state.nh.us/supreme/opinions/2005/coffe094.htm.
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