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Fiona A.C. Kennedy (WSBA No. 32385,
admitted 2002), of Kirkland, was suspended
for two years, effective September 15, 2011,
by order of the Washington State Supreme
Court following approval of a stipulation.
This discipline is based on conduct involving
conversion of client funds, failure to safeguard
client’s property, failure to properly maintain
trust account records, failure to protect a client’s
interests, failure to act with reasonable
diligence, failure to communicate, charging
an unreasonable fee, failure to communicate
the basis or rate of a fee or provide a client in
a contingent fee matter a written statement
stating the outcome of the matter, failure to
properly supervise a non-lawyer employee,
conduct prejudicial to the administration of
justice, and failure to cooperate in grievance
investigations. Conditions are imposed which
must be met upon reinstatement.
Between August 2007 and June 2009, Ms.
Kennedy engaged in the following conduct:
• Failed to maintain complete and accurate
records of client funds coming into her
possession; failed to maintain client funds
in her trust account; and failed to reconcile
her trust account records as required
by the Rules;
• Disbursed funds from her trust account
before deposits cleared the banking
process; made cash withdrawals from her
trust account; and used one client’s funds
for the benefit of herself or another when
she was not entitled to do so;
• Failed to deliver to a client all the funds
that the client was entitled to receive or
to provide the client with an accounting
showing the actual distribution of the
client’s settlement funds;
• Failed to make reasonable efforts to ensure
that the conduct of her non-lawyer assistant
was compatible with Ms. Kennedy’s
professional obligations;
• Failed to adequately communicate to a
client the basis and rate of her fee and to
explain matters reasonably necessary to
permit the client to make informed decisions
regarding the representation;
• Failed to respond to a former client’s or
the client’s current lawyer’s attempts to
contact her and failed to promptly notify
a third party regarding her discharge as
the client’s lawyer; and
• Failed to notify the Bar Association of
overdrafts of her trust account; failed to
promptly and fully respond to requests for
information during grievance investigations;
failed to appear for two depositions
associated with those investigations or
produce all records subpoenaed; and
provided inaccurate and misleading testimony
during her deposition.
Ms. Kennedy’s conduct violated RPC 1.3,
requiring a lawyer to act with reasonable
diligence and promptness in representing a
client; RPC 1.4(a), requiring a lawyer to keep
the client reasonably informed about the
status of the matter; RPC 1.4(b), requiring
a lawyer to explain a matter to the extent
reasonably necessary to permit the client
to make informed decisions regarding the
representation; RPC 1.5(a), prohibiting a
lawyer from making an agreement for, charging,
or collecting an unreasonable fee or an
unreasonable amount for expenses; 1.5(b),
requiring that the scope of the representation
and the basis or rate of the fee and expenses
for which the client will be responsible be
communicated to the client, preferably in
writing, before or within a reasonable time
after commencing the representation; RPC
1.5(c)(3), requiring that, upon conclusion of
a contingent fee matter, the lawyer provide
the client with a written statement stating
the outcome of the matter and, if there is a
recovery, showing the remittance to the client
and the method of its determination; RPC
1.15A(b), prohibiting a lawyer from using,
converting, borrowing, or pledging client
or third-person property for the lawyer’s
own use; RPC 1.15A(c), requiring a lawyer to
hold property of clients and third persons
separate from the lawyer’s own property;
RPC 1.15A(e), requiring a lawyer to promptly
provide a written accounting to a client or
third person after distribution of property
or upon request; RPC 1.15A(f ), requiring a
lawyer to promptly pay or deliver to the client
the property which the client is entitled to
receive; RPC 1.15A(h)(2), requiring a lawyer
to keep complete records as required by the
rules; RPC 1.15A(h)(5), requiring that all
withdrawals be made only to a named payee
and not to cash; RPC 1.15A(h)(6), requiring
trust account records to be reconciled as
often as bank statements are generated or at
least quarterly; RPC 1.15A(h)(7), prohibiting
a lawyer from disbursing funds from a trust
account until deposits have cleared the banking
process and been collected; RPC 1.15A(h)
(8), prohibiting disbursements on behalf of
a client or third person from exceeding the
funds of that person on deposit; RPC 1.15B,
requiring a lawyer to maintain current trust
account records and listing, at minimum,
how the records must be maintained; RPC
1.16(d) requiring that, upon termination of
representation, a lawyer take steps to the
extent reasonably practicable to protect
a client’s interests; RPC 5.3(b), requiring a
lawyer having direct supervisory authority
over a non-lawyer to make reasonable efforts
to ensure that the non-lawyer’s conduct is
compatible with the professional obligations
of the lawyer; RPC 8.4(d), prohibiting a lawyer
from engaging in conduct that is prejudicial to
the administration of justice; and RPC 8.4(l),
prohibiting a lawyer from violating a duty or
sanction imposed by or under the Rules for
Enforcement of Lawyer Conduct in connection
with a disciplinary matter.
Marsha A. Matsumoto represented the
Bar Association. Kurt M. Bulmer represented
Ms. Kennedy. |