Problem
Approximately one year ago, a married couple went to an attorney, Blithe Freedman, Esq., and stated that they wished to obtain a divorce. The parties told Attorney Freedman that they had agreement and handed her a handwritten paper to this effect. The parties' informal agreement included the following: 1) the future sale of the marital home for no less than $350,000 (with 60% of the sale proceeds to go the wife; 40% to the husband), 2) an equal division of all monies in a checking account and two savings accounts, 3) an equal division of assets in a money market account, 4) alimony to be paid to the wife by the husband in the amount of $250.00 per week, 5) a detailed division of personal property, and 6) separate ownership of the parties' two automobiles, as previously agreed upon. There were no child-related issues, since the parties' two children are adults and fully emancipated. After reviewing their informal agreement, Attorney Freedman stated to the parties that she would be involved only to the extent of preparing the necessary paperwork for the parties' divorce. According to Attorney Freedman, it was understood that the parties would represent themselves at the time of the divorce hearing. Following the initial interview, Attorney Freedman turned the entire matter over to her paralegal, YOU. prepared a standard joint petition for divorce and related pleadings. You also drafted a formal separation agreement, which included all of the items listed above. You mailed to each of the parties a financial statement, which is a required Court form. The parties filled out the financial statements by hand and mailed them back to you. You then typed the parties' individual financial statements, including all of the information that the parties had provided.
The husband, however, neglected to include on his financial statement his pension and his income from a second, weekend job. The parties had a follow-up meeting with Attorney Freedman for the purpose of executing the separation agreement and signing all of the other necessary forms, including the typewritten financial statements. Attorney Freedman' name did not appear on any of the paperwork. After the meeting, the parties took all of the original paperwork (plus two copies) with them and went directly to the Courthouse to file for their divorce. Within a couple of weeks, Attorney Freedman sent each of the parties a bill for $7,500 (for a total of $15,000). Both of the parties promptly paid Attorney Freedman. When the parties appeared in Court, they represented themselves, as planned. The divorce was routinely allowed. Following the divorce, the wife joined a support group. At one of the group's meetings, a lawyer appeared as a guest speaker.
During the course of the lawyer's presentation, the wife learned for the first time that she was entitled to a share of the husband's pension and possibly to a portion of his second income. The wife immediately retained her own attorney, Willie Slick, Esq., who filed a motion to vacate the divorce judgment. The motion was allowed, with an additional finding by the Court that the husband had committed a fraud upon the Court by failing to list his pension and income from his second job on his financial statement. The wife continues to be represented by Attorney Slick and has filed a new divorce action, which is now pending before the Court. Attorney Slick has also demanded that Attorney Freedman return to the wife her entire $7,500 fee. Attorney Freedman asks you to draft a memorandum concerning the situation and what her options are and her best course of action.
• What is your assessment of this fact pattern in terms of the Rules of Professional Conduct? Has Attorney Freedman engaged in any misconduct?