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Joseph A. Holeman (WSBA No. 16320, admitted 1986), of Federal Way, was suspended for 60 days, effective January 23, 2008, by order of the Washington State Supreme Court following approval of a stipulation. This discipline is based on conduct in two matters involving failure to communicate and failure to promptly pay clients funds belonging to the clients.
Matter 1: Siblings (clients) hired Mr. Holeman in May 2002 to represent them in a lawsuit arising from a motor vehicle accident in May 1999. The case settled in April 2005. Under the terms of the settlement, $3,000 was paid to each client for their injuries. The checks were sent to Mr. Holeman, and he forwarded them to the clients with instructions to endorse the checks and return them to him. The clients endorsed and returned the checks on July 12, 2005. The clients’ mother made numerous attempts to contact Mr. Holeman to find out when the checks would be disbursed. Mr. Holeman’s phone was disconnected, and he did not respond to mail or e-mail. In November 2006, after the mother filed a complaint with the Bar Association, Mr. Holeman disbursed $3,000 to each client from his trust account. The funds were held in trust from July 12, 2005, until they were disbursed on November 20, 2006.
Matter 2: Mr. Holeman represented a client (client) in a personal injury lawsuit. The parties settled the matter in September 2005, and the auto insurance company sent a settlement check to Mr. Holeman for $54,250. The client’s health insurance company asserted a lien against the settlement for the client’s medical expenses. Mr. Holeman disbursed the settlement proceeds to the client, but withheld $3,402.40 in his trust account to pay the lien. Mr. Holeman did not pay the money to the health insurance company. In January 2006, the client received a letter from her health insurance company requesting payment. The client contacted Mr. Holeman. However, Mr. Holeman did not pay the lien or tell the client that he had not paid it. The client eventually hired another lawyer to handle the uninsured motorist (UM) portion of her personal injury claim. In March 2007, the client paid the health insurance company’s lien out of the settlement proceeds of her UM claim. In June 2007, after the client filed a complaint with the Bar Association, Mr. Holeman paid her the $3,402.50 that he was holding in his trust account. The funds were held in Mr. Holeman’s trust account from September 7, 2005, until they were disbursed on June 16, 2007.
Mr. Holeman’s conduct violated RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; and former RPC 1.14(b)(4), requiring a lawyer to promptly pay or deliver to the client as requested by a client the funds, securities, or other properties in the possession of the lawyer which the client is entitled to receive.
Francesca D’Angelo represented the Bar Association. Mr. Holeman represented himself. |