Board of Professional Responsibility v. Fulton

2016 WY 23, 370 P.3d 65, 2016 WL 743557
CourtWyoming Supreme Court
DecidedFebruary 24, 2016
DocketNo. D-06-3
StatusPublished
Cited by1 cases

This text of 2016 WY 23 (Board of Professional Responsibility v. Fulton) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Professional Responsibility v. Fulton, 2016 WY 23, 370 P.3d 65, 2016 WL 743557 (Wyo. 2016).

Opinion

OroEr Reimnstatinc ArrornEy To THE PracTICE oF Law

[¶ 1] This matter came before the Court upon the "Report and Recommendation for Reinstatement," filed herein February 5, 2016, by the Board of Professional Responsibility for the Wyoming State Bar. By order entered April 20, 2006, this Court suspended Respondent from the practice of law for a period of three years. Board of Professional Responsibility, Wyoming State Bar v. Fulton, 2006 WY 51, 133 P.3d 514 (Wyo.2006). Respondent subsequently sought reinstatement, Now, after a careful review of the Board of Professional Responsibility's Report and Recommendation for Reinstatement and the file, this Court finds that the Report and Recommendation should be approved, confirmed, and adopted by the Court; and that the Respondent, Jo Ann Fulton, should be reinstated to the practice of law. Itis, therefore,

[¶ 2] ADJUDGED AND ORDERED that the Board of Professional Responsibility's Report and Recommendation for Reinstatement, which is attached hereto and incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted by this Court; and it is further

[¶ 3] ADJUDGED AND ORDERED that the Respondent, Jo Ann Fulton, be, and hereby is, reinstated to the practice of law in Wyoming, effective immediately; 'and it is further | ‘

[¶ 4] ORDERED that, pursuant to Rule 4(a)(iv) of the Disciplinary Code for the Wyoming State Bar, this Order Reinstating Attorney to the Practice of Law, along with the incorporated Report and Recommendation for Reinstatement, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further

[¶ 5] ORDERED that the Clerk of this Court shall docket this Order Reinstating Attorney to the Practice of Law, along with the incorporated Report and Recommendation for Reinstatement, as a matter coming regularly before this Court as a public record; and it is further

[T6] ORDERED that the Clerk of this Court transmit a copy of this Order Reinstating Attorney to the Practice of Law to the members of the Board of Professional Responsibility and to the clerks of the appropriate courts of the State of Wyoming.

[¶ 7] DATED this 24th day of February, 2016.

BY THE COURT:

/s/ E., JAMES BURKE Chief Justice

D-06-3

BEFORE THE SUPREME COURT

STATE OF WYOMING

In' the matter of JO ANN FULTON, WSB No. 5-2686, Respondent

WSB No. 2015-127,

REPORT AND RECOMMENDATION FOR REINSTATEMENT

The Board of Professional Responsibility (BPR) convened on the 25th day of January, 2016, to consider the Stipulated Motion for Reinstatement submitted - by Bar Counsel, Mark W. Gifford, Respondent, Jo Ann Fulton, and her counsel, C.M. Aron. The Board having reviewed the stipulation, the supporting affidavit of Respondent, the procedural history of the case as set forth in attachments to the stipulated motion, and being otherwise fully advised in the premises, finds, concludes and recommends as follows:

Findings

1. On December 14, 2015, Respondent filed a Verified Petition for Reinstatement. [66]*66The present petition follows an unsuccessful effort by Respondent in 2012 to gain reinstatement after a three year suspension ordered by the Wyoming Supreme Court on April 20, 2006. The following is a detailed statement of the procedural history of this matter: .

2. Respondent was admitted to the Wyoming State Bar in 1990 and practiced law continuously in Wyoming until 2006, when disciplinary proceedings initiated in 2005 eul-minated with an order suspending Respondent from the practice of law for three years, commencing April 20, 2006. Board of Professional Responsibility v. Fulton, 2006 WY 51, 133 P.3d 514 (Wyo.2006).

3. The order of suspension approved, confirmed and adopted the BPR's report and recommendation filed March 7, 2006, which followed a disciplinary hearing before the BPR held February 28, 2006.

4. Two separate formal charges were considered at the February 28, 2006, hearing. The first, No. 2005-02, involved Respondent's conduct in the handling of a contingent fee matter in violation of Rules 1.1, 1.2, 1.4, 1.5, 1.15, 8.1 and 84 of the Wyoming Rules of Professional Conduct. Fulton, supra, 133 P.3d at 516. The second, No. 2005-029, involved Respondent's conduct in having direct contact with a party represented by counsel in violation of Rule 4.2. Id. at 517. In both matters, the BPR determined that Respondent failed to file an answer to the formal charge, resulting in orders of default and setting of a consolidated sanctions hearing. Id. at 515. Respondent appeared and represented herself at the sanctions hearing. Id. at 514. |

' 5. The contingent fee matter that led to the formal charge in No. 2005-02 was a personal injury case in which Respondent represented the plaintiffs. In that matter, Respondent was found to have engaged in the following professional misconduct:

a. Respondent did 'not provide her clients with a copy of the Rules Governing Contingency Fees for Members of the Wyoming- State Bar as required by those rules, and she charged her. for paralegal fees that should have been part of the contingency fee. Such conduct was found to violate Rule 1.5.
b. Respondent used settlement funds to purchase a two-year certificate of deposit in the name of her law firm and did not provide her clients with documentation of that purchase when they requested it. Respondent issued her clients checks drawn on her operating account for a portion of the net settlement proceeds, but the checks were returned for insufficient funds. Respondent later replaced them with a Cashier's Check for the agreed settlement amount. Respondent recognizes and acknowledges that such conduct violated Rule 1.15. The BPR also found, and Respondent recognizes and acknowledges, that her failure to respond to the clients' request for information was a viola'tion of Rule 1.4.
c. The BPR found that Respondent told her clients interest on settlement funds was not taxable if Respondent kept those funds, and found that Respondent also filed a lawsuit that had no merit. Such conduct was found to violate Rule 1.1. The filing of a meritless lawsuit was also found to violate Rule 3.1.
d. The BPR found that Respondent counseled her clients regarding how to unlawfully avoid taxes on the settlement proceeds. Such conduct was found to violate Rules 1.2 and 8.4. Id. at 516-18.

6. The formal charge in No. 2005-029 resulted from a dispute between neighbors in Laramie. Respondent's clients were threatening to file a lawsuit over. the noise level of their neighbors' air conditioner. Despite Respondent's awareness that the neighbors were represented by counsel, Respondent sent a letter to the neighbors and. failed to copy their counsel. Such conduct was found to violate Rule 4.2. Id. at 517-18.

7. In détermining the appropriate sanction for Respondent's misconduct, the BPR found the following aggravating factors:

a. Prior disciplimary offenses Respondent was. found to have a significant history of prior discipline. In 2002." Re'spondent received a private reprimand for violations of Rules 8.1 and 4.4 in regard to [67]*67asserting a non-meritorious claim. By order dated July 28, 2008, the 10th Cireuit Court of Appeals suspended Respondent from practice before that court as the culmination of a number of disciplines it had issued to her.

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2016 WY 23, 370 P.3d 65, 2016 WL 743557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-professional-responsibility-v-fulton-wyo-2016.