89 A.3d 1058
Del.2014Background
- Feuerhake was admitted in 1987 and suspended for two years on July 13, 2010.
- The Suspension Order barred practicing law, receiving fees, and contacting clients except for pre-existing earned fees.
- During suspension, Feuerhake worked as a paralegal for Jeffrey K. Martin but did not share the Order or its restrictions with Martin.
- Post-suspension, Feuerhake communicated with clients, attended depositions, and discussed case issues, effectively practicing law again.
- He received a $39,466.66 contingency fee from a settlement for work performed before and after suspension and kept full payment.
- ODC filed a Petition for Discipline in 2013; Panel found violations of Rules 3.4(c), 8.4(d), and Rule 7(c), and recommended disbarment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Feuerhake violate suspension terms by practicing and accepting fees? | Feuerhake knowingly violated the suspension order. | Feuerhake argues for extended suspension rather than disbarment. | Yes; violations established by clear and convincing evidence. |
| Did the conduct prejudice the administration of justice? | Conduct undermined trust and public confidence in the system. | Feuerhake contends actions were minimal or incidental under supervision. | Yes; conduct was prejudicial to justice. |
| Is disbarment the appropriate sanction given ABA Standards and aggravating factors? | Disbarment is appropriate due to prior discipline and ongoing pattern. | Feuerhake seeks extended suspension, not disbarment. | Disbarment warranted. |
Key Cases Cited
- In re McCann, 894 A.2d 1087 (Del. 2005) (suspended lawyer disbarred for continuing to handle matters)
- In re Davis, 43 A.3d 856 (Del. 2012) (disbarment for knowingly disobeying suspension)
- Tonwe, 929 A.2d 774 (Del. 2007) (continued practice after cease-and-desist order)
- In re Steiner, 817 A.2d 793 (Del. 2003) (contextual guidance on disciplinary standards)
- In re Mekler, 672 A.2d 23 (Del. 1995) (public impression of court permitting suspended practice)
- In re Abbott, 925 A.2d 482 (Del. 2007) (quoting disciplinary standards framework)