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Therese Wheaton (WSBA No. 18208, admitted October 31, 1988), of Thurston County, has been suspended for six months pursuant to a stipulation approved by the Disciplinary Board on January 15, 1999 and by the Supreme Court on February 9, 1999. The discipline is based on Ms. Wheaton’s failure to promptly and diligently protect her clients during a time of illness that resulted in closing her practice.
In 1992, Ms. Wheaton opened a solo practice in Lacey, Washington. In fall 1996, Ms. Wheaton contracted with a company to provide complete office support, including client billing, accounting, trust account records, and secretarial services. Due to illness and continuing health problems, Ms. Wheaton provided a power of attorney to the contracted office manager and requested that the manager assume primary responsibility for the trust account. In November 1996, Ms. Wheaton suffered a severe physical assault which affected her mental and physical health. During this same period, Ms. Wheaton suffered other personal problems. Ms. Wheaton was hospitalized for 34 of the 44 days between November 24, 1996 and January 10, 1997. During late fall 1996, Ms. Wheaton and her support staff contacted other Thurston County lawyers to handle imminent client matters. On December 20, 1996, WSBA appointed an RLD 8.6 custodian was appointed to assist Ms. Wheaton in closing her practice. On March 27, 1997, Ms. Wheaton transferred to inactive status. In early summer 1997, after an order discharging the custodian, he returned unclaimed files to Ms. Wheaton, as her health improved. Ms. Wheaton has been in good health for the last 18 months. The Court reinstated Ms. Wheaton to active status on February 9, 1999.
In November 1996, WSBA received notice that Ms. Wheaton’s trust account was $119.84 overdrawn. One client filed a grievance related to client funds and Ms. Wheaton paid restitution to that client. Additionally, Ms. Wheaton agreed to two years’ trust account probation.
In July 1996, a client retained Ms. Wheaton to obtain an order establishing parentage, setting child support, and limiting the father’s contact with the child. In mid-July, Ms. Wheaton filed the Petition to Establish Parentage, and obtained a waiver of the filing fee and a temporary restraining order against the father. Ms. Wheaton did not serve the alleged father. In fall 1996, Ms. Wheaton did not communicate with her client and did not explain that she had not served the father. Later in 1996, Ms. Wheaton became ill and WSBA appointed a custodian. In January 1997, the client received her file from the custodian. This was the client’s first notice that Ms. Wheaton had not proceeded with her case. Ms. Wheaton made a partial refund to the client.
In late August 1996, Ms. Wheaton agreed to represent the husband in a dissolution action. In October 1996, the wife filed a Petition for Legal Separation; Motion for Temporary Support, Including Maintenance; and Proposed Parenting Plan. In November 1996, Ms. Wheaton filed financial information and resisted the maintenance request. The temporary orders hearing was set for November 12, 1996. Ms. Wheaton did not attend due to her illness. Ms. Wheaton’s staff contacted the opposing party, who did not agree to a continuance. The Court entered an order imposing child support, maintenance and attorney’s fees on the client. In December 1996, Ms. Wheaton’s staff notified the client that Ms. Wheaton would not be able to continue to represent him. The client obtained a new lawyer on December 6, 1996. The new lawyer had to copy the court file, because Ms. Wheaton’s office was already closed. In January 1997, the client filed an application with the Lawyers’ Fund for Client Protection and received a gift of $500. In December 1998, Ms. Wheaton reimbursed the Fund for this gift.
In July 1996, Ms. Wheaton agreed to represent the wife in a dissolution. Ms. Wheaton prepared the pleadings and sent them to her client in Germany. Ms. Wheaton received the signed pleadings back from the client in November 1996. By this time, she was ill and took no further action on this client’s case. The client received her file from the custodian. The signed pleadings were still in the file. Ms. Wheaton paid restitution to this client.
By failing to properly advise her clients of problems in their cases and failing to promptly advise clients of her own illness, Ms. Wheaton violated RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter and to explain matters to the extent necessary to permit the client to make an informed decision; and RPC 1.15, requiring a lawyer to withdraw from a client’s case if the lawyer’s physical or mental condition materially impairs his or her ability to represent the client.
Maria Regimbal represented the Bar Association. Melanie Hantze represented Ms. Wheaton.
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