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Donna L. Johnston (WSBA No. 23630, admitted 1994), of Seattle, was ordered to receive a reprimand, following a stipulation approved by Hearing Officer Lawrence R. Mills. This discipline is based on her conduct in 1999 involving lack of competence and diligence in a litigation matter.
In 1999, two of Ms. Johnson’s clients were served with copies of a summons and complaint. The clients were named as defendants in a breach of contract claim. Ms. Johnson told the clients that she would take care of the matter. The complaint had not yet been filed in court. Ms. Johnston mistakenly believed that the plaintiffs were required to provide notice prior to taking a default judgment in the lawsuit. Ms. Johnston did not contact opposing counsel, file a notice of appearance or file an answer. In June 1999, plaintiffs obtained a default judgment against Ms. Johnston’s clients. When the clients inquired about the matter, Ms. Johnston assured them it was taken care of, without actually checking. If Ms. Johnston had checked, she would have discovered the default judgment. The clients learned of the judgment in January 2001, after the time period for a Civil Rule 60(b)(1) motion to vacate judgment had passed.
Ms. Johnston’s conduct violated RPCs 1.1, requiring lawyers to provide competent representation; 1.3, requiring lawyers to provide diligent representation; 1.4(a), requiring lawyers to keep their clients informed of the status of their matters; and 8.4(c), prohibiting lawyers from making negligent misrepresentations.
Randy Beitel represented the Bar Association. Kurt Bulmer represented Ms. Johnston. Lawrence R. Mills was the Hearing Officer.
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