Overview

In the Matter of Kroff is a major discipline decision involving illegal solicitation of accident victims, repeated acts of misrepresentation, improper billing practices, failure to account for client funds, and moral turpitude. The Review Department significantly increased the recommended discipline based on the pattern of misconduct and extensive aggravation.

Facts

Respondent engaged in widespread solicitation of automobile accident victims, typically contacting them within days of accidents using information obtained from police reports. He often falsely claimed that a “friend” had referred him to the victim in order to justify the unsolicited contact.

In multiple client matters, respondent telephoned accident victims at home, urged representation for pecuniary gain, refused to identify the alleged referring “friend,” and asserted the identity was protected by attorney-client privilege. Evidence showed these referral claims were fabricated.

Respondent also engaged in billing misconduct, including retaining funds from medical lien reductions, charging estimated lump-sum costs, and failing to properly account for client funds and sanctions awards.

Misconduct Findings

• Improper telephone solicitation of clients
• Illegal in-person solicitation
• Multiple acts of misrepresentation
• Moral turpitude
• Failure to properly account for client funds
• Charging unconscionable fees

Key Legal Principles

1) Telephone solicitation violates Rule 1-400

Unsolicited telephone contact for professional employment constitutes prohibited solicitation when motivated by pecuniary gain.

2) Fabricated referral claims constitute moral turpitude

False statements that a client was referred by a “friend” qualify as acts involving moral turpitude, even absent client harm.

3) In-person solicitation violates statutory law

Soliciting clients directly in their homes after accidents violates statutory prohibitions against improper solicitation.

4) Attorneys must disclose sanctions awards to clients

Costs and fee sanctions awarded by a court belong to the client unless an agreement provides otherwise.

5) Misappropriation can occur through lien reduction fees

Retaining funds from medical lien reductions without proper authority or disclosure constitutes misconduct and may involve moral turpitude.

6) Estimated costs are not automatically unethical

Charging lump-sum estimated costs does not constitute moral turpitude absent evidence the amounts were excessive or concealed.

Aggravation

• Pattern of misconduct across multiple client matters
• Multiple acts of moral turpitude
• Prior discipline record
• Harm to administration of justice

Mitigation

• No significant mitigating factors found

Outcome

The Review Department increased discipline from the hearing judge’s recommendation and ordered a five-year stayed suspension with five years probation, including three years of actual suspension, restitution, and proof of rehabilitation.

Sanctions Table