| Description: |
Hugh J. Kelly (WSBA No. 14616, admitted 1984), of Spokane, has been suspended for two years effective December 11, 2000, by order of the Supreme Court, approving a stipulation. The discipline is based on his failure to diligently represent several clients.
Matter 1: On May 29, 1998, Mr. Kelly met with a client regarding a child support modification. The client paid Mr. Kelly $120 for a filing fee and a $750 advance fee deposit. Although Mr. Kelly indicated that the $750 fee was nonrefundable, there was no written fee agreement, and the client reasonably expected that the unearned fee would be returned. After discussing with the client that the court may not have jurisdiction, Mr. Kelly filed a petition for modification of child support.
On September 18, 1998, the client received copies of the filed pleadings and provided names of process servers in Nevada, where the father lived. Mr. Kelly did not arrange for service on the father, and took no further action on the client’s case. The client asked that Mr. Kelly return her original paperwork and her $750 advance fee deposit. As of the date of the stipulation, Mr. Kelly had not met her request.
Matter 2: On April 30, 1996, Mr. Kelly agreed to represent the mother in a parenting-plan modification. The client paid Mr. Kelly $500; he told her that the total fee would be $300 to $500, and that he would return any excess fees. The client signed the petition on May 30, 1996, and Mr. Kelly filed it on August 22, 1996. Mr. Kelly did not serve the father with the petition.
In August 1997, the client met with Mr. Kelly to discuss the case, and asked for copies of associated documents, filings and correspondence, along with an itemized billing. As of the date of the stipulation, Mr. Kelly had not provided copies of these documents to the client.
On April 5, 1998, the client sent Mr. Kelly a certified letter asking him to resolve the case by June 30, 1998, or return her fee. Mr. Kelly signed for the letter, but did not respond to the client’s request. Mr. Kelly took no further action on the client’s case.
Matter 3: On April 11, 1997, a client retained Mr. Kelly to represent her juvenile son in a criminal matter. The son had been convicted of robbery and sentenced to two years in jail. The client requested that Mr. Kelly file a motion for reconsideration of the sentence, and paid Mr. Kelly a $3,000 advance fee deposit. In June, Mr. Kelly told the client he had filed the paperwork and that the next court date was June 20, 1997 at 3:00 p.m. In fact, Mr. Kelly had not filed any paperwork and there was no court date set.
On June 19, 1997, Mr. Kelly told the client that the hearing had been postponed until June 27, 1997. The client again contacted Mr. Kelly the day prior to the hearing. This time, Mr. Kelly told the client the hearing had been continued to July 4, 1997. When the client pointed out that this was a holiday, Mr. Kelly told her he would get back to her. After this, Mr. Kelly did not return the clients’ calls. Mr. Kelly did not file any pleadings, schedule any court dates, or return any of the client’s advance fee deposit.
Matter 4: On May 29, 1997, the mother and grandparents of a child retained Mr. Kelly to modify residential placement and visitation with the child. The grandparents paid Mr. Kelly $2,000 and emphasized that they needed this work done quickly because they wanted to arrange visitation before a July 4, 1997 family trip. Mr. Kelly did not file a notice of appearance, a petition, or any pleadings in this matter. In October 1997, he refunded the client’s $2,000.
Matter 5: In February or March 1996, Mr. Kelly agreed to represent the wife in a marriage dissolution action. The parties reached agreement in May 1997. Mr. Kelly was responsible for drafting the final pleadings, which he did not do. Opposing counsel drafted the pleadings and arranged for all the parties to sign them. Mr. Kelly received the signed pleadings on November 24, 1997, and filed them on January 20, 1998. Mr. Kelly did not notify his client that he filed final pleadings, or provide her copies.
Matter 6: Mr. Kelly agreed to represent the wife in a marriage dissolution matter. The client paid a $1,000 advance fee deposit, and Mr. Kelly told her he billed at $75 per hour. From July 1995 though 1997, Mr. Kelly canceled several appointments with the client and rarely returned her phone calls. In August 1997, just prior to the start of a hearing, Mr. Kelly notified the client of his intent to withdraw. Mr. Kelly did not provide copies of the client’s file to the client or her new attorney. Mr. Kelly did not return the client’s $1,000 fee.
Matter 7: On April 15, 1999, Mr. Kelly met with a client who had been sued for back-due child support. A hearing was scheduled for May 19, 1999. On April 22, the client contacted Mr. Kelly, who scheduled a phone conference with her for the next day, which Mr. Kelly later cancelled. On April 29, 1999, the client’s husband went to Mr. Kelly’s home and asked for his wife’s money back. Mr. Kelly told the client’s husband he had not contacted him because Mr. Kelly’s family had been sick. The client indicated that she wanted to settle the case and sent a written settlement proposal to Mr. Kelly.
On May 22, 1999, the client spoke to her ex-husband and reached agreement. On May 25, the client left a message for Mr. Kelly indicating that she had reached an agreement with the opposing party and wanted him to contact her. Mr. Kelly did not contact his client. On June 22, 1999, the client retrieved the original paperwork from Mr. Kelly’s home. Mr. Kelly refused to refund the fee, stating that he had spent a lot of time on the case and would send the client a bill. Mr. Kelly never sent a bill or returned any part of the $500 fee the client paid.
Matter 8: Mr. Kelly failed to respond to written requests for information regarding these matters sent to him by disciplinary counsel. In October 1997, disciplinary counsel notified Mr. Kelly by certified mail that if he did not respond within 10 days, he would be responsible for the costs of his deposition. Mr. Kelly did not respond to this letter, and disciplinary counsel scheduled his deposition and continued the date at his request. Mr. Kelly attended the deposition, but refused to address several of the grievances and failed to produce subpoenaed documents.
Mr. Kelly’s conduct violated RPCs 1.5(a), requiring lawyers to charge reasonable fees for their services; 1.14(b)(3) and (4), requiring lawyers to maintain complete records of client funds and promptly pay or deliver unearned advance fee deposits to clients; 1.15(d), requiring lawyers to take reasonable steps to protect clients’ interests when lawyers withdraw from representation; 1.4(a), requiring lawyers to keep clients informed about the status of their cases and promptly comply with reasonable requests for information; 1.3 and 3.2, requiring lawyers to diligently represent clients and expedite litigation; 8.4(c), prohibiting lawyers from engaging in conduct involving misrepresentation; and RLD 2.8, requiring lawyers to cooperate with requests for information related to grievances or other matters concerning a lawyer’s conduct.
Becky Neal represented the Bar Association. Mr. Kelly represented himself.
|