After a disciplinary committee considered the suspension of White River Junction’s law license, the Vermont Supreme Court extended the suspension from five months to one year.
C. Robert Munby was sentenced by the Vermont Board of Professional Responsibility’s Disciplinary Hearings Committee in October 2022, based on what the board found were ethical violations in Munby’s estate planning on behalf of a 91-year-old client. He received an initial five-month suspension.
But the Vermont Supreme Court, which can review such decisions, ruled that a longer suspension was warranted.
“We conclude that a one-year suspension is appropriate, not for punishment, but to protect the public and maintain the credibility of the legal profession,” the court’s ruling said.
The Vermont Supreme Court issued its ruling in August, but the suspension did not go into effect until last month. The U.S. District Court for Vermont received the notice this week.
The judgment cited the “brutishness” of Munby’s alleged violations and his “utter failure to maintain anything even resembling a normal attorney-client relationship” with the woman, citing the lawsuit’s filing. In the documents, he is identified only by his initials EM.
At issue, according to the ruling, was a dangerous trade “exclusively” directed by the woman’s son, who sacrificed her and her daughters at a time when she was too frail to make a claim. The company said it had “virtually completely overhauled” its existing estate plan. herself.
The judgment said Manby “ignored numerous red flags” regarding the woman’s competency and the “danger or unfairness of the transaction” that her son had directed Manby to arrange.
“EM was clearly incompetent at all times while defendant was represented,” the decision states. “EM was 91 years old, physically frail and unable to recognize or speak to her children.”
According to the ruling, despite multiple transactions over a period of more than a year, Manby never met EM personally and never asked him what assets he owned or who he wanted them to go to. There wasn’t.
At some point, Manby drove from White River Junction to Burlington, met with EM and her son in a supermarket parking lot on the highway, and notarized the deed, according to court filings.
“This was the first time Defendant met or spoke with EM,” the filing states.
The filing states Manby got into a car with the woman and her son and drove with them to a nearby church parking lot. Munby then got out of the car and crouched down near the passenger side of the vehicle where EM was sitting, stating that he was “so physically incapacitated that he was unable to turn or twist towards the defendant, and that his hearing was impaired.” “,” the filing states. she.
According to the filing, Manby then briefly explained to EM what he was doing and asked if she wanted to share the home with her son and herself, to which she replied “yes.”
The filing includes information on alternative estate planning options, “advantages or disadvantages of transfer,” and “possible waivers of attorney-client privilege that may arise if confidential matters are discussed.” “We did not discuss several matters that should have been discussed.” ” he said in the presence of his son.
Manby has been admitted to practice law in Vermont since 1980 and maintains a private practice in White River Junction focused on real estate and probate matters. He previously worked with current U.S. Sen. Peter Welch (D-Vermont) at the law firm Welch, Graham & Munby.
According to the Vermont Supreme Court’s ruling, the hearing panel found Munby had no past disciplinary history and “no evidence of dishonesty or selfish motives.”
Phone messages left with Manby and his designated attorney, Harry Ryan, were not returned Tuesday.
