Board Of Overseers Of The Bar v. Dineen

500 A.2d 262 (1985)

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Nature of the Case

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Facts

Dineen (D) represented both H and W over the years for various legal services. H then approached D and brought up the idea that D should represent both H and W in the divorce and save some money. Later that summer, W was charged with a civil complaint for driving while intoxicated. D represented W, and that matter was settled by the fall. The couple then meet with D regarding the divorce and D actually helped them with disputed matters and explained marital property law in Maine. D denies this. W claims that she was under the impression after leaving that meeting that D was representing each party. The next month, W admitted herself into a medical center for substance abuse. H brought her a written agreement of the divorce and W noticed that a number of items had been changed and W then formed the impression that D had misled her but signed the agreement despite those misgivings. W eventually sought other representation and D then filed an amended divorce action claiming that W was cruel to H and the children; based on her abuse of alcohol. W filed a motion to compel D to withdraw. D disregarded this motion and the judge's warning that he was in violation of state bar rules. D was charged with misconduct and found guilty and suspended for six months. D appealed.