May 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 of more than $3,000, the committee makes recommendations to the Board of Governors, who are the fund’s trustees. At its meeting on February 5, 2001, the committee took the following action:

Ronald O. Foster-Balloun aka Roland O. Foster Balloun (Bar No. 20884, Blaine; disbarred): The committee previously reviewed five claims involving Balloun and approved two. In this case, Balloun failed to account for estate funds he was holding in trust. The committee approved a gift of $16,435 to beneficiaries of the estate.

Mickie E. Jarvill (Bar No. 14049, Snohomish County; suspended pending discipline): The committee reviewed three claims regarding Jarvill and approved two. In the first, Jarvill became personal representative and lawyer for a relative’s estate. In the disciplinary proceeding, the hearing officer found that Jarvill converted about $500,000 of estate funds to her own use. The committee recommended $30,000, the maximum amount payable from the fund. In the second matter, Jarvill converted client funds to her own use. The committee recommended payment of $30,000 to the client.

Hugh J. Kelly (Bar No. 14616, Spokane; suspended): The client paid Kelly $750 for representation in a child-support modification proceeding. Although Kelly filed a petition, he did nothing thereafter. In his disciplinary stipulation, he agreed to repay the client $750. The committee approved payment of that amount from the fund.

Jason James McCarty (Bar No. 15985, Olympia; suspended following criminal conviction): The applicant posted bail for McCarty’s client. McCarty had an order entered exonerating bail and authorizing him to pay himself $2,500 without the knowledge or consent of the applicant. The committee approved payment of $2,500.

Daniel S. Wilner (Bar No. 21690, Kitsap County; disbarred): The committee reviewed 14 applications concerning Wilner and approved 11. One was deferred for further investigation. In all of these cases, Wilner accepted fees from clients and performed no services for them. In some cases, Wilner gave the client a refund check that was not honored because of insufficient funds. In one case, Wilner agreed to represent a client in a court proceeding in California even though he was not admitted to practice there. The committee approved payments in amounts ranging between $200 and $3,200.

Jonathan T. Zackey (Bar No. 21657, Bellevue; disbarred): The committee reviewed two applications, both of which involved conversion of client funds from personal-injury settlements. The committee recommended payments of $25,000 and $6,900.

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

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