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Linda J. Toner (WSBA No. 19521, admitted 1990), of Beaverton, OR, was suspended for 30 days by order of the Washington State Supreme Court imposing reciprocal discipline based on an order from the state of Oregon. The Washington order, entered November 18, 2003, imposed a retroactive suspension in Washington based on the dates in the Oregon order. (The effective date of the suspension was June 3, 1994.) This discipline was based on her assisting with the unauthorized practice of law in 1992.
In August 1992, Ms. Toner entered a retainer agreement with A, a corporation engaged in the nonlawyer sale of revocable living trusts to the public. Ms. Toner rented office space from A and accepted client referrals and fees from A. She agreed to use only forms drafted and supplied by A. The agreement increased the fees due Ms. Toner as the total number of living trusts sold increased. In December 1993, the court issued an injunction against A, enjoining it from engaging in the practice of law. Ms. Toner did not disclose the conflicts of interest to the living-trust clients.
Ms. Toner's conduct violated DR 3-101(A), by assisting in the unauthorized practice of law; DRs 5-101(A) and 5-105(E), by failing to disclose conflicts of interest to the living trust clients; and 5-108(A), by accepting compensation from a person other than the client, without full disclosure.
Felice Congalton represented the Bar Association. Ms. Toner represented herself. |