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John O. McLendon (WSBA No. 1187, admitted 1969), of Spokane, has been disbarred by order of the Supreme Court effective March 7, 2002, following a stipulation. The discipline is based on his failure to diligently represent two clients, failure to abide by two clients’ decisions to accept settlement offers, and entering into a business transaction with a client in 1998 and 1999 without giving the client a reasonable opportunity to seek independent advice.
Matter 1: In March 1995, Mr. McLendon agreed to represent a client in a personal injury matter. Mr. McLendon negotiated with the insurance company, but did not convey the company’s settlement offers to the client. In August 1997, Mr. McLendon finalized a settlement with the insurance company, without the client’s consent.
Matter 2: In May 1995, Mr. McLendon agreed to represent a client in a personal injury matter. The client had been injured in an April 1995 auto accident. Mr. McLendon negotiated with the insurance carrier, but did not negotiate a settlement prior to the statute of limitations running on the client’s claim in April 1998. Mr. McLendon did not file or serve a lawsuit on the client’s claim prior to the statute of limitations running.
In June 1998, when Mr. McLendon realized the statute had run, he tried to negotiate a $7,500 settlement. When the insurance company refused to negotiate, Mr. McLendon faxed a letter attempting to accept a June 3, 1997 $6,500 settlement offer. Mr. McLendon did not discuss these settlement offers with his client.
In June 1999, Mr. McLendon proposed a settlement of the client’s malpractice claim against him, without advising the client to seek independent representation.
(This same client had been involved in a second automobile accident in October 1996.) Mr. McLendon settled the client’s case without her knowledge or permission.
Mr. McLendon’s conduct violated RPCs 1.3, requiring lawyers to diligently represent clients; 1.2, requiring lawyers to obtain clients’ authority prior to accepting settlement offers; 1.4, requiring lawyers to keep clients informed about the status of their matters; 1.8(h), prohibiting lawyers from settling malpractice claims with unrepresented former clients without advising the former client in writing that independent representation is appropriate.
Timothy J. Parker and Randy Beitel represented the Bar Association. F. Lawrence Taylor Jr. represented Mr. McLendon. The hearing officer was Robert Redman.
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