Wake County attorney reprimanded

Attorney: David D. Moore 

Location: Wake County  

Bar membership: 

Disciplinary action: Reprimand 

Background:  

The defendant is found guilty of charging and collecting an excessive fee in violation of Rule 1.5(a) and providing his client with a “receipt and release” form that violates Rule 1.8(h)(2). In May 2020, the defendant began representing his client regarding a Marital Separation Agreement (“MSA”) and charged a $3,500 flat fee. The fee agreement provides for monthly billing statements for work performed and expenses recorded during the previous month. In August 2021, the defendant’s client requested an update on the status of the MSA. The defendant informed his client that the only way to expedite the MSA would be to file suit and would require an additional $7,500 fee. By requesting an additional $7,500 from the client, despite the flat fee arrangement, the defendant attempted to charge and collect an excessive fee in violation of Rule 1.5(a).  

In September 2021, the client indicated that she would terminate the attorney/client relationship and requested an accounting of funds, any unused portion of her fee, and her client file. On October 1, 2021, the defendant sent his client an invoice for $11,783. On October 4, 2021, the defendant provided the client file to her upon the execution of a “receipt and release” form, which was prepared by the defendant’s paralegal. The form acknowledges receipt of the client file and termination of attorney/client relationship, but also states: “I release and indemnify the firm of the Law office of David D. Moore, P.C. from any and all claims whatsoever which may arise from his representation of me in this matter.” The defendant did not advise his client in writing of the desirability of seeking, nor gave his client a reasonable opportunity to seek, the advice of independent legal counsel in connection with the indemnification. By providing the “receipt and release” form for the client to sign the defendant violated Rule 1.8(h)(2), which forbids an attorney from settling a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel in connection with the indemnification.