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California Legal Ethics Keyed to Wydick, 12th Ed.
In re Mountain
Citation:
239 Kan. 412, 721 P.2d 264 (1986)Facts
The Mosiers contacted attorney Mountain to represent them in adopting a child from Angela Searles, who was pregnant and planned to give her baby up for adoption. Mountain agreed to represent the Mosiers for a $500 fee, which later increased by $250. The Mosiers sent Mountain $300 for the birth mother’s temporary maintenance, which Mountain forwarded to Edna Searles (the grandmother). Mountain convinced the Searles that he was their attorney, though they paid no fees. In January 1984, Mountain told the Mosiers the fetus had abnormalities and they should abandon the adoption, which was false information as he had never contacted the gynecologist. Meanwhile, Mountain had arranged for another couple to adopt the baby, receiving $17,000 from them. Mountain moved the Searles to a motel in Wichita, where Angela gave birth to a normal baby girl. Mountain paid Edna Searles $3,900 and handled the adoption for the second couple, while falsely telling the Mosiers’ new attorney that he had not handled the adoption.
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