In re Everett E. Powell, II
Indiana Supreme Court
953 N.E.2d 1060 (2011)
T.G., a vulnerable client with a history of substance abuse and an abusive relationship, had voluntarily placed $42,000 of a personal injury settlement into a special-needs trust managed by attorney Ross to protect her public assistance eligibility, but soon began demanding access to the funds; she then hired Powell (defendant) under a contingency agreement giving him one-third of the trust funds to remove Ross as trustee, and the very next day Powell simply contacted Ross, who agreed to step down in Powell's favor without any litigation or complex proceedings, after which Powell terminated the trust and kept nearly $15,000 as his fee. The Disciplinary Commission (plaintiff) charged Powell with collecting an unreasonable fee, and the hearing officer found he was unremorseful, uncooperative with the investigation, and had made misrepresentations.
Whether an attorney may collect a fee that amounts to an unconscionable windfall, even if the original fee agreement upon which the fee is based was reasonable when created.