November 2004
Disciplinary Notices
These notices of imposition of disciplinary sanctions and actions are published pursuant to Rule 3.5(d) of the Washington State Supreme Court Rules for Enforcement of Lawyer Conduct, and pursuant to the February 18, 1995, policy statement of the WSBA Board of Governors.
For a complete copy of any disciplinary decision, call the Washington State Disciplinary Board at 206-733-5926, leaving the case name, and your name and address.
Suspended
Helen M. Johansen (WSBA No. 5211, admitted 1973), of Seattle, was suspended for three years, effective July 9, 2004, by order of the Washington State Supreme Court following a stipulation. This discipline was based on her conduct in 2000 involving drafting a will naming her as beneficiary.
Ms. Johansen developed a friendship with two clients. Over several years, she took the clients to dinner; arranged for residential care; and assisted them with daily tasks such as banking, food shopping, obtaining prescription medications, and meeting healthcare providers. In 1997, the clients began asking Ms. Johansen to draft a new will for them naming herself as an alternate beneficiary. Ms. Johansen refused and the clients became upset. The clients eventually wrote up their own wills on blank will forms, naming Ms. Johansen as the alternate beneficiary. At the clients’ insistence, Ms. Johansen gave their wills to her secretary to type. She also drafted a codicil leaving the alternate beneficiary blank, which the clients did not use. In late January 2000, Ms. Johansen finalized the clients’ wills, inserting her name as alternate beneficiary. She advised the clients against naming her as a beneficiary, but did not explain that this might invalidate the wills. In March and April 2000, the clients executed the wills.
One client died in January 2001 and the other in November 2001. In December 2001, Ms. Johansen was appointed personal representative with nonintervention powers. She transferred all of the estate funds into her name, but maintained the estate intact. The probate remained open at the time of the stipulation. Pursuant to the stipulation, Ms. Johansen renounced any interest in the estate.
Ms. Johansen’s conduct violated RPC 1.8(c), prohibiting a lawyer from preparing an instrument giving the lawyer a substantial gift, including a testamentary gift.
Elizabeth Turner Smith represented the Bar Association. Spencer Hall represented Ms. Johansen.
Suspended
James D. Hughes (WSBA No. 15165, admitted 1985), of Portland, OR, was suspended from the practice of law for six months, by order of the Washington State Supreme Court, effective July 20, 2004, imposing reciprocal discipline based on an order from the state of Oregon. This discipline was based on his lack of diligence in a bankruptcy litigation matter.
In March 1996, Mr. Hughes agreed to represent clients in a proceeding to determine the dischargability in bankruptcy of a judgment they obtained. The clients lived out of state and also had local counsel. Mr. Hughes failed to notify the clients that the court had set their case for trial. Local counsel advised Mr. Hughes that the case would no longer be pursued. Mr. Hughes agreed to notify the clients, but failed to do so. Later, the court dismissed the clients’ case for failure to prosecute. The clients terminated Mr. Hughes’s employment and asked that he return their file. He returned a portion of the file after the clients contacted the Oregon State Bar.
At the time of this conduct, Mr. Hughes was meeting with a probation monitor following a prior suspension. Mr. Hughes did not tell the probation monitor of his failures in the Hughes matter.
Mr. Hughes’s conduct violated Oregon Code of Professional Responsibility 1-102(A)(4), prohibiting conduct prejudicial to the administration of justice; 6-101(B), prohibiting neglecting a legal matter entrusted to a lawyer; 7-101(A)(1), prohibiting intentionally failing to seek clients’ lawful objectives through reasonably available permissible means; and failing to promptly pay or deliver client property upon request.
Felice Congalton represented the Bar Association. Mr. Hughes represented himself.
Reprimanded
James M. Roe (WSBA No. 8553 admitted 1978), of Seattle, received a reprimand effective July 20, 2004, following a default hearing. This discipline is based on his conduct in 2002 involving conduct prejudicial to the administration of justice in a juvenile criminal matter.
In September 2002, Mr. Roe represented a client in a juvenile court matter. When the co-defendant received a deferred prosecution with community service, Mr. Roe asked his client to step into the hallway for a discussion. Mr. Roe pressured his client about the client’s ability to complete community-service hours. The client “bet” that he could complete the hours, and Mr. Roe “bet” that the client could not. Using profanity, Mr. Roe pointed out that the client risked a felony conviction if he failed to complete the required hours. Mr. Roe grabbed the client’s shoulder and pushed him into a corner.
Mr. Roe’s conduct violated RPCs 8.4(d), prohibiting conduct prejudicial to the administration of justice; 8.4(b), prohibiting committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; and 8.4(i), prohibiting committing an unjustified act of assault.
Linda Eide represented the Bar Association. Mr. Roe represented himself. Andrea Darvas was the hearing officer.
Reprimanded
John K. McIlhenny Jr. (WSBA No. 32195, admitted 2002), of Olympia, was ordered to receive a reprimand, by order of the Washington State Supreme Court, effective July 13, 2004, imposing reciprocal discipline based on an order from the state of Oregon. This discipline was based on his actions in 2002, involving an error determining the character of funds received.
Mr. McIlhenny represented a client in a marriage-dissolution matter. The court awarded the client a judgment lien on real property. In April 2002, Mr. McIlhenny filed an attorney lien against the real property judgment lien. The client disputed the amount of fees owed to Mr. McIlhenny. Mr. McIlhenny agreed, at the client’s request, to maintain the disputed funds until the dispute was resolved. In May 2002, the judgment lien was paid in two separate checks — one made out to Mr. McIlhenny and the other to the client. Mr. McIlhenny wrote the client a letter asking how she wished to disburse the funds. The client communicated with the lawyer, but not on the fee issue. In June 2002, Mr. McIlhenny sent the client the check made out to her order and also told her that he had applied the second check to her account. Mr. McIlhenny mistakenly believed that the check written to him was not “funds of a client paid to the lawyer” and, therefore, did not have to be placed in the trust account.
Mr. McIlhenny’s conduct violated Oregon Code of Professional Responsibility DR 9-101(A), requiring lawyers to deposit and maintain client funds in a trust account.
Felice Congalton represented the Bar Association. Mr. McIlhenny represented himself.
Admonished
Dana M. Ryan (WSBA No. 17418, admitted 1987), of Sumner, was admonished by a review committee of the disciplinary board. The admonition was based on his conduct in 2003 involving failing to keep a client informed of the status of her dissolution matter.
In 2002, Mr. Ryan agreed to represent a client in a marital-dissolution matter. In February 2003, the court entered the final decree. The court awarded the client an interest in a pension. A qualified domestic relations order (QDRO) was necessary to allow the client to receive the pension payments. Mr. Ryan did not draft the QDRO or explain to the client that she would need to find other counsel to draft this document.
Mr. Ryan’s conduct violated RPCs 1.4(a), requiring lawyers to keep clients informed of the status of their matters; and 1.4(b), requiring lawyers to explain matters to the extent necessary for clients to make informed decisions.
Kevin Bank represented the Bar Association. Mr. Ryan represented himself.
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