July 2001

Lawyers' Fund for Client Protection

The Lawyers' Fund for Client Protection Committee meets quarterly to review applications for gifts from the fund. The committee is authorized to make gifts to qualified applicants of up to $3,000. On applications for more than $3,000, the committee makes recommendations to the Board of Governors, who are the fund's trustees. At their meeting on May 7, 2001, the committee took the following action:

William I. Freeman (Bar No. 17586, Vancouver; suspended; recommended for disbarment): Freeman entered into a scheme with a nonlawyer regarding filing hearing-loss claims with the Department of Labor and Industries. The applicant was charged a percentage of his award as a legal fee, even though he had never met Freeman. The department disallowed the fee, but Freeman never returned the unearned fee to the applicant. The committee gave the applicant $941.24.

Kenneth R. Mitchell (Bar No. 17401, Tacoma; suspended): Mitchell previously stipulated to a 60-day suspension. While that stipulation was pending before the Supreme Court, he accepted a fee from the applicant to seek an emergency order against the applicant's neighbor. He did nothing, and a few days later was suspended from the practice of law. He did not advise the applicant of his suspension or return the fee. The committee gave the applicant $750, which Mitchell has stipulated to repay as a condition of reinstatement to practice.

Daniel S. Wilner (Bar No. 21690, Kitsap County; disbarred): The committee previously approved 11 applications concerning Wilner. At this meeting, four more were approved. All involve advance fees or costs paid to Wilner for matters in which he performed no services and failed to return the unearned fees or costs. The committee recommended one payment of $4,800, and approved two payments of $500 and one of $1,500.

In addition, the committee reviewed 10 other applications. Six were denied for lack of evidence of dishonest conduct or as fee disputes; one was denied because restitution had been made, and three were continued for further investigation. The committee also met with WSBA Director of Communications Judith Berrett to discuss publicizing the activities of the fund. Discussion will continue at the next meeting.

Restitution: The fund seeks restitution from lawyers who cause payments from the fund. Because in most cases those lawyers have no assets, the chief avenue of restitution is through court-ordered restitution in criminal cases. Prosecuting attorneys cooperate with the fund in getting the fund listed in restitution orders. To date in this fiscal year (since October 1, 2000), the fund has received total restitution of $4,034.

Appreciation: The purpose of the Lawyers' Fund for Client Protection is to assist persons who have been victims of dishonest lawyers. Although the fund can never fully compensate a person for the harm done by a dishonest lawyer, since March 2001 we received several thank-you notes from recipients of payments made on behalf of Washington lawyers.

"Thank you so much for your efforts.… This makes a world of difference for my children and myself."

"Just wanted to drop you a note to thank you, not only for the check, but for your time and effort investigating the matter. As a hardworking single mom trying to really make a difference in the lives of my children, I truly appreciate your getting my money back. Thank you very much."

"Please accept this note in gratitude.…It does provide some relief financially; it also shows me of your concerns — that is appreciated, too. My heartfelt thanks to you and your associates."

"We cannot thank you and the lawyers of the state of Washington enough for your thoughtfulness and kindness in sending us the $3,200 we paid a lawyer who did nothing in our case.…You've changed our trust in lawyers and we do appreciate you."

"My wife and I extend a warm and heartfelt thank you for the $3,000 you sent from the Washington State Bar Association Lawyers' Fund for Client Protection. Your concern for us is greatly appreciated. There definitely have been times over the last few years when we thought we were going to lose everything. For us, your generosity is immeasurable, and has given us a light at the end of a very long tunnel."

The committee chair is Seattle attorney Thomas R. Dreiling. WSBA General Counsel Robert Welden is staff liaison to the committee.>

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