| Description: |
Andrew L. Benjamin (WSBA No. 15223, admitted 1985), of Seattle, received a censure on June 20, 2002, following a stipulation approved by the Disciplinary Board on May 8, 2002. This discipline is based upon his failure to timely file a lawsuit, to communicate with his client regarding the statute of limitations, and to advise his client to seek independent counsel regarding a revised fee agreement between 1995 and 1998.
On March 10, 1995, Ms. M was rear-ended, causing minor damage to the car and personal injury to Ms. M. On April 30, Ms. M went to Mr. Benjamin for legal advice about her case, and he advised her that the case was probably worth $2,000 to $3,000. Ms. M decided to reject a prior settlement offer from the insurance company. Throughout 1996, Ms. M received physical-therapy treatments for injuries related to the accident. Ms. M mailed letters to Mr. Benjamin on December 14, 1996 and May 23, 1997, asking when her medical bills would be paid. Mr. Benjamin did not respond to the letters.
On January 20, 1997, Ms. M called Mr. Benjamin’s office and he did not contact her in response. On March 3, Mr. Benjamin wrote to one health-care provider regarding payment of Ms. M’s bills from any settlement. In April 1997, the insurance company wrote to say that the $500 settlement offer was still open. On May 19, Mr. Benjamin responded that after his client completed treatment they would present a settlement demand. After learning that the insurance company would not negotiate the $500 offer, Mr. Benjamin stated that he notified Ms. M that he would not be pursuing her claim; however, Ms. M disputes this assertion.
On June 29, 1998, Mr. Benjamin informed Ms. M that the statute of limitations had expired in March 1998. Mr. Benjamin set up an appointment for July 1, 1998 to discuss the client’s unpaid medical bills and the expired statute of limitations. During this appointment, Mr. Benjamin asked Ms. M and her husband to sign a revised fee agreement and release. The agreement purported to obligate Mr. Benjamin to pursue payment of Ms. M’s medical bills under her insurance policies, and to release Mr. Benjamin from liability for having missed the statute of limitations. Ms. M and her husband signed the revised agreement during the meeting. They did not have independent representation either before or when they signed the agreement prospectively limiting Mr. Benjamin’s liability for malpractice. Mr. Benjamin asserts he orally advised them at the meeting that they were entitled to such representation. Ms. M and her husband dispute this assertion.
Mr. Benjamin’s conduct violated RPCs 1.3, requiring lawyers to act with reasonable diligence; and 1.4, requiring lawyers not to make agreements limiting the lawyer’s liability to a client unless the client has independent counsel.
Anthony Butler represented the Bar Association. Kurt Bulmer represented Mr. Benjamin.
|