June 1999

Disciplinary & Nondisciplinary Notices

Disciplinary Notices

Attorney John C. Gibson (WSBA No. 26056), of Peery, Hiscock, Pierson, Kingman & Peabody, P.S. is to be distinguished from John E. Gibson (WSBA No. 19407), whose admonition was published in the May Bar News (p. 53).

Courtney Lisa Tippin (WSBA No. 21644, admitted 1992), of Mill Creek, has been disbarred by order of the Supreme Court of Washington, effective February 8, 1999. The Supreme Court's order of reciprocal discipline, pursuant to Rule for Lawyer Discipline (RLD) 12.6, is based on the California Supreme Court's March 20, 1998 order.

In 1993, Ms. Tippin formed a partnership with another lawyer in California. Later that year, Ms. Tippin's partner was fatally injured in an automobile accident. Ms. Tippin took over most of her partner's clients. Most of the cases were personal injury cases involving automobile accidents. In 1997, The California State Bar Court found that Ms. Tippin had committed 45 acts of misconduct involving 23 clients. The misconduct included: nine counts of failure to perform legal services for which she was hired (RPC 3-110(A)); 11 counts of failure to communicate with clients, or answer their requests for information (Bus. & Prof. Code Section 6068 (m)); 10 counts of improper withdrawals and failure to take reasonable steps to protect clients' interests (RPC 3-700(A)(2)); one count of failure to deposit client funds in the lawyer trust account; four counts of failure to provide an accounting when requested (RPC 4-100(A)); one count of failure to return a client file when requested (RPC 3-700(D)(1)); two counts of failure to return clients' fees when no work was performed (RPC 3-700(D)(2)); one count of failure to convey a written settlement offer to the client (RPC 3-510(A)); one count of failure to pay monies (RPC 4-100(B)(4)); and four counts of failure to cooperate with the Bar Association (Bus. & Prof. Code Section 6068(i)).

Douglas Ende represented the Bar Association. Ms. Tippin represented herself.

J. Marvin Benson (WSBA No. 9078, admitted 1979), of Vancouver, has been suspended for 60 days by order of the Supreme Court of Washington, effective February 16, 1999. The Supreme Court's order of reciprocal discipline, pursuant to Rule for Lawyer Discipline (RLD) 12.6, is based on the Oregon Supreme Court's October 15, 1998 order approving a stipulation to discipline.

Senior Financial Planning Service (SFP) sold revocable living trusts and other estate-planning documents and packages. The company used nonlawyer agents to meet with individual clients. SFP agents then gave the individual client information and the purchased forms to Mr. Benson. Mr. Benson drafted the purchased estate-planning documents. SFP paid Mr. Benson's attorney's fees. Mr. Benson did not explain to any of the individual clients that he may have a conflict of interest by having an attorney-client relationship with both SFP and the individual clients. Mr. Benson also provided legal advice and training to the nonlawyer agents regarding estate-planning documents.

In April 1994, a couple met with SFP agents and purchased an estate-planning package. The agents delivered the couple's information and the purchased documents to Mr. Benson, with instructions to prepare the documents. Mr. Benson prepared the documents based solely on the agents' instructions. He did not review any personal or financial information, or discuss anything with the couple. The documents Mr. Benson prepared were not necessary or appropriate for the couple. For example, the documents contained community property provisions, when the couple had never lived in a community property state during their marriage. Mr. Benson delivered the documents to the agent for execution and instructions on how to fund the living trust. The documents were not properly executed.

Mr. Benson's actions violated the following provisions of the Oregon Code of Professional Responsibility: DR 5-101(A) and DR 5-105 (E), prohibiting representation of multiple parties in the same transaction who may have adverse interests; DR 3-101(A) and DR 3-102(A), prohibiting aiding nonlawyers in the unlawful practice of law; DR 108(A), prohibiting accepting payment from someone other than the client, without consent; DR 5-108(B), requiring lawyers to use independent judgment when representing clients; and DR 6-101(A), requiring lawyers to provide competent representation to clients.

Douglas Ende represented the Bar Association. Mr. Benson represented himself.

Eugene N. Bolin (WSBA No. 11450, admitted 1981), of Seattle, has been censured following a hearing. The discipline is based upon his sending copies of correspondence to parties he knew to be represented by counsel.

Mr. Bolin represented the mother and brother in a closely held family corporation. Mr. Bolin's clients had a dispute with the remaining corporate officers, three sisters. The mother and brother had claims against the sisters in both their individual and corporate capacity. The sisters were represented by separate lawyers in each capacity. Mr. Bolin sent several letters to the sisters' counsel and also sent copies of the letters to the sisters directly. The sisters' individual counsel requested that Mr. Bolin not send any further correspondence copies to her clients. Mr. Bolin sent two additional correspondence copies to the sisters.

Mr. Bolin's conduct violated RPC 4.2, prohibiting a lawyer from communicating about the subject matter of the representation with a party the lawyer knows to be represented by another lawyer, without consent of the other lawyer.

Joanne Abelson represented the Bar Association. William McInerney represented Mr. Bolin. The hearing officer was Deborra Garrett.

Michael E. Jones (WSBA No. 331, admitted 1971), of Mountlake Terrace, has been reprimanded pursuant to a stipulation for discipline approved by the Disciplinary Board on March 22, 1999. The discipline is based upon his neglect of a personal injury matter and failure to promptly answer his client's requests for information about her case.

In 1990, Mr. Jones represented a client who had been injured in two separate traffic accidents. In February 1992, Mr. Jones successfully settled the first claim. In March 1992, Mr. Jones sent a demand letter to the insurance company involved in the second claim. Shortly after this, the paralegal assigned to the client's case left Mr. Jones' firm. Mr. Jones took no further action on the client's case and failed to respond to the client's phone calls. Mr. Jones did not settle the case or file a lawsuit prior to expiration of the statute of limitations.

Mr. Jones' conduct violated RPC 1.3, requiring a lawyer to diligently represent a client; RPC 1.1, requiring a lawyer to provide competent representation; and RPC 1.4, requiring a lawyer to keep clients reasonably informed of the status of their cases and promptly comply with reasonable requests for information.

Douglas Ende represented the Bar Association. Mr. Jones represented himself.

Pursuant to Order filed March 22, 1999, Terry P. Watkins (WSBA No. 2333, admitted 1967) became an inactive member of the Bar Association.

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