disciplinary actions Hurst stated that it was his normal policy to
request payment in full before work begins but that he did agree to draw up a writ of
Habeas Corpus because he was thinking with his heart instead of whether or not Ms.
Robinson could pay the balance of the retainer. Specifically. in regard to Rule 1.3, he stated that since Ms. Robinson had not
paid the initial retainer of $3,500 that there was no time frame in which to pursue the
remedies available and that the best thing to do was to wait for an opportune time to get the relief requested. In regard to 1.4 (a) Hurst stated that he felt as if Ms. Robinson was kept reasonably informed. In regard to 1.16 (d) Hurst stated that Ms. Robinson
H. Pattison. These rules state, in part, that in representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so; and, in representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtain-
ing evidence that violate the legal rights of such a person. Mr. William H. Pattison, Jr. is an attorney practicing in Maryland. He represents Anna M. Marsh in proceedings relating to the
is evidenced by his statements concerning how much Pattison's client would have to
pay for legal services while Venable, Jr. would receive full legal service.
Sparks asserted that Venable, Jr. approached him during September 1995 to advise him in regard to a probate situation.
Venable, Jr. explained to Sparks his reasons to believe there had been undue influence or
additional wrongdoing by Mr. Pattison's client in regard to his father's estate.
Venable, Jr. also explained that his initially retained counsel had failed to present the additional evidence of wrongdoing to
Panison. Sparks also asserted that he explained he could not represent Venable, Jr.
requested that he surrender Mr. Robinson's
Estate of Thomas S. Venable, Sr. Pattison's
in Maryland because he was not licensed
file to her but he told her that he needed
client and Thomas Venable, Jr. were named as Co-Beneficiaries and Co-Personal
there. Because Venable, Jr.'s belief that if Panison and his client were both apprised of
Representatives in the Estate. Sparks began
his evidence of wrongdoing they would con-
to represent Venable after Pattison's client
sider settlement, Sparks agreed to write both Pattison and his client simultaneously. Sparks pointed out that at no time did he
some time to review the file and arrange it in proper order. Hurst stated that he volunteered to deliver the file to Ms. Robinson's
home in Little Rock but he had not had time to do so. Ms. Robinson received her refund
and files in March 1996.
a.c. "Rusty" Sparks A lener of reprimand was issued to O.c. "Rusty" Sparks for violation of Model Rules 4.2 and 4.4 upon the complaint of William
had filed the Will and petitioned for judicial probate. On October 25, 1995, Pattison received a copy of a letter Sparks wrote
ever attempt to contact Pattison's client by
telephone or any other manner. Sparks
directly to his client. His letter to Pattison's client deals specifically with the distribulion of the estate. Sparks did not have Pattison's
asserted that he gave direct consideration to
consent to contact his client. The delay and
Pattison's client did not violate the purpose
burdensome intent of Sparks correspondence
of the Rule. It is also Spark's assertion that
Rule 4.2 and determined that writing
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