June 2004

Disciplinary Notices

Disbarred

Richard J. McKay (WSBA No. 19987, admitted 1990), of Venice, FL, was disbarred effective July 17, 2003, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct in 2001 and 2002 involving conversion of client funds, failure to comply with trust account rules, and failure to cooperate with the disciplinary investigation.

In January 2001, Mr. McKay received $60,000 in settlement funds for a client's personal-injury matter. Mr. McKay signed the checks as "attorney in fact" for the client, and the funds were deposited into a client trust account. Mr. McKay did not have authority to endorse checks on the client's behalf. By the end of March 2001, the trust account balance was less than $4,000. Mr. McKay did not send the client his approximately $25,400, or pay the $13,700 Medicare reimbursement. The hearing officer found that Mr. McKay had intentionally converted the client's settlement funds. The client visited Mr. McKay's office in the fall of 2001 and discovered that the office had been vacated. The Bar Association located Mr. McKay in Venice, FL. Mr. McKay failed to file trust-account declarations for three years. Mr. McKay did not cooperate with the disciplinary investigation.

Mr. McKay's conduct violated RPCs 8.4(b), prohibiting committing a criminal act [theft] that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; and 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation; and RLDs 13.5 [now ELC 15.5], requiring all active lawyers to file annual trust-account declarations; and 2.8(a) [now ELC 5.3(e)], requiring lawyers to promptly respond to requests made for information relevant to grievance investigations.

Linda Eide represented the Bar Association. Mr. McKay represented himself. Steven W. Hale was the hearing officer.

Reprimanded

William R. Brendgard (WSBA No. 21254, admitted 1991), of Portland, OR, was ordered on July 15, 2003, to receive a reprimand, following a stipulation approved by the hearing officer. This discipline is based on his conduct in 2002 and 2003 involving lack of diligence and failure to return unearned fees in a dissolution matter.

In late 2001, Mr. Brendgard agreed to represent a client in a marriage-dissolution action. Mr. Brendgard did not deposit the client's advance fee deposit into his trust account. Mr. Brendgard drafted pleadings and told the client he would file the petition in early 2002. In May 2002, the client learned from the court that Mr. Brendgard had not filed her petition. Mr. Brendgard received, but did not answer, two certified letters from his client. In July 2003, Mr. Brendgard refunded the client's fee plus interest and returned her client file.

Mr. Brendgard's conduct violated RPCs 1.3, requiring lawyers to diligently represent clients; 1.4(a), requiring lawyers to keep clients reasonably informed of the status of their matters; 1.15(d), requiring lawyers to refund unearned advance fee payments upon withdrawal; and 1.14(a), requiring lawyers to deposit client funds into trust accounts.

Anne I. Seidel represented the Bar Association. Mr. Brendgard represented himself. Carolyn A. Lake was the hearing officer.

Reprimanded

Donna L. Johnston (WSBA No. 23630, admitted 1994), of Seattle, was ordered to receive a reprimand, following a stipulation approved by the hearing officer. This discipline is based on her conduct in 1999 involving lack of competence and diligence in a litigation matter.

In 1999, two of Ms. Johnston's clients were served with copies of a summons and complaint. The clients were named as defendants in a breach-of-contract claim. Ms. Johnston told the clients that she would take care of the matter. The complaint had not yet been filed in court. Ms. Johnston mistakenly believed that the plaintiffs were required to provide notice prior to taking a default judgment in the lawsuit. Ms. Johnston did not contact opposing counsel, file a notice of appearance, or file an answer. In June 1999, plaintiffs obtained a default judgment against Ms. Johnston's clients. When the clients inquired about the matter, Ms. Johnston assured them it was taken care of, without actually checking. If Ms. Johnston had checked, she would have discovered the default judgment. The clients learned of the judgment in January 2001, after the time period for a Civil Rule 60(b)(1) motion to vacate judgment had passed.

Ms. Johnston's conduct violated RPCs 1.1, requiring lawyers to provide competent representation; 1.3, requiring lawyers to provide diligent representation; 1.4(a), requiring lawyers to keep their clients informed of the status of their matters; and 8.4(c), prohibiting lawyers from making negligent misrepresentations.

Randy Beitel represented the Bar Association. Kurt Bulmer represented Ms. Johnston. Lawrence R. Mills was the hearing officer.

Reprimanded

Stephen G. Smith (WSBA No. 11185, admitted 1980), of Fall City, was ordered to receive a reprimand, following a stipulation approved by the hearing officer. This discipline is based on his conduct in 2000 involving lack of diligence and charging an unreasonable fee in an immigration matter. (Mr. Smith is to be distinguished from Stephen A. Smith of Seattle; Stephen C. Smith of Honolulu, HI; Steven A. Smith of Portland, OR; Steven C. Smith of Monroe; Steven W. Smith of Olympia; and Steve D. Smith of Wenatchee.)

In March or April 2000, Mr. Smith agreed to represent a client in an immigration matter. Ms. D paid Mr. Smith $1,900  to assist a relative's immigration from Vietnam. Mr. Smith met with Ms. D and the client once. Mr. Smith opened his file in the client's name and did not cross-reference it to Ms. D's name. When Ms. D called Mr. Smith's office, he did not recognize her name or return her calls. Ms. D asked Mr. Smith to refund her fees and return the file. Mr. Smith could not immediately locate the file. He agreed to refund the fees, and sent Ms. D $500 in May 2002. In September 2002, when the Bar Association provided Mr. Smith the relative's name, he located and returned the file, and refunded the remaining fee.

Mr. Smith's conduct violated RPCs 1.3, requiring lawyers to diligently represent their clients; and 1.5, requiring that lawyers charge reasonable fees.

Anne I. Seidel represented the Bar Association. Mr. Smith represented himself. Nancy K. McCoid was the hearing officer.

Transferred to Disability Inactive Status

Kern W. Cleven (WSBA No.13455, admitted 1983), of Bellingham, was transferred to disability inactive status, effective July 11, 2003, by an order of the Washington State Supreme Court. This transfer was based on notice of a final adjudication from the Supreme Judicial Court for the Commonwealth of Massachusetts. This is not a disciplinary action.

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