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Family Law Keyed to Weisberg
In Re Petrie
Facts
Complainants, Gregory and Barbara Pietz, consulted with respondent attorney to express their interest in adopting a child. Respondent and Pietzes agreed that if the Pietzes located a baby for adoption, respondent would represent them. Pietzes received information from a friend that a child was available for adoption. Pietzes asked the friend to make an appointment for respondent to meet the natural mother and inform respondent that the mother was being referred by the Pietzes. She did so, and respondent met with the natural mother and her sister, advising them that he had a set of adoptive parents in mind. Respondent wrote the Pietzes, advising them that he recently interviewed the woman and that their name was given when the interview was arranged. In the letter respondent inquired as to if Pietzes were still interested. Respondent received a written response from Pietzes stating that they were interested, that they were certified by the State to adopt, and they were v ery hopeful concerning the present situation. The letter disclosed knowledge of facts about the natural mother that respondent had not conveyed to them. Respondent interpreted the letter as equivocal because the Pietzes had questions about the adoption and fees. Respondent received a call from another couple who expressed an interest in adopting. In response to respondent’s inquiry, the natural mother’s sister stated that the mother had no obligation to the Pietzes. At respondent’s recommendation, the natural mother agreed to place the child with the second couple. The committee found that he recommended the placement because the couple was more cooperative and they were locally situated. Furthermore, respondent was not excited about having to make multiple appearances in another county on behalf of the Pietzes. When Pietzes learned of this development, they called respondent, and he advised them for the first time that he had recommended to the natural mother placement with s omeone else. They told respondent that they had referred the child to him and that they wanted the child placed with them. Mr. Pietz initiated a complaint with the State Bar charging respondent with violation of two Disciplinary Rules requiring that the attorney refuse to accept or continue employment if the interests of another client may impair the independent professional judgment of the lawyer.
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