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Mickie E. Jarvill (WSBA No. 14049, admitted 1984), of Stanwood, has been disbarred by order of the Supreme Court effective May 31, 2001, following a default hearing. The court’s order conditions Ms. Jarvill’s reinstatement upon paying restitution of $505,000. The discipline is based upon her use of estate proceeds for her personal use without the knowledge or permission of the co-personal representative.
Ms. Jarvill’s uncle died in January 1995. Ms. Jarvill’s first cousins, who lived in Oklahoma, were the beneficiaries of his estate. The estate retained two lawyers to pursue a substantial corporate issue. During the case, one cousin asked Ms. Jarvill’s opinion and advice about the lawsuit and a $600,000 settlement offer. Ms. Jarvill suggested that she should be appointed co-personal representative of her uncle’s estate. Based on this suggestion, the beneficiaries petitioned the court and Ms. Jarvill was appointed co-personal representative on April 15, 1997.
Ms. Jarvill recommended that all estate funds be sent to her for safekeeping. Ms. Jarvill received $645,598 in estate funds and distributed $140,414.90. On July 27, 1999, Ms. Jarvill told her cousin that she had lost all of the estate’s remaining funds in a land deal. None of the beneficiaries authorized Ms. Jarvill to use the funds for the land deal. As of the date of the findings of fact, the beneficiaries had not received any additional distributions. Ms. Jarvill sent the estate beneficiaries 22 unsecured promissory notes, totaling $632,543.21. On July 26, 1999, the court removed Ms. Jarvill as co-personal representative.
Ms. Jarvill’s conduct violated RCW 9A.56.030, theft; RPCs 1.14, requiring lawyers to preserve clients’ property; 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit and misrepresentation; and 8.4(b), prohibiting committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.
Leslie Allen represented the Bar Association. Ms. Jarvill represented herself. The hearing officer was Donald L. Logerwell.
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