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Martha G. Schaeffer (WSBA No. 17299, admitted 1987), of Silverdale, has been suspended for 90 days, following a stipulation, by order of the Supreme Court dated January 12, 2000. The discipline is based upon her failure to diligently represent two clients and failure to properly preserve client funds.
Matter 1: In May 1993, Ms. Schaeffer agreed to represent two clients in a wrongful termination suit against their employer. Between September 1994 and April 1995, she filed the complaint, sent interrogatories, conducted legal research, and took two depositions. Ms. Schaeffer took no further actions on the clients’ cases. In June 1996, the court clerk mailed Ms. Schaeffer a Notice to Dismiss for Want of Prosecution. Ms. Schaeffer requested a 30-day delay, but took no other action. In September 1996, the Court dismissed the clients’ case. When the clients contacted Ms. Schaeffer in October 1996, she did not tell them about the dismissal. The clients later learned from the court that their case had been dismissed. Ms. Schaeffer’s conduct violated RPC 1.3, requiring a lawyer to diligently represent a client; RPC 3.2, requiring a lawyer to expedite clients’ litigation; and RPC 1.4, requiring lawyers to keep clients reasonably informed about the status of their matters.
Matter 2: In February 1993, Ms. Schaeffer agreed to represent the husband in a dissolution action. The client was partially disabled and unable to speak. In January 1994, the parties put an oral settlement agreement on the court record. In August 1994, the client granted his son a Durable Power of Attorney, giving the son general authority to handle the father’s financial affairs. At the same time, the client granted Ms. Schaeffer a limited power of attorney to access some of the client’s accounts to pay the community bills. Ms. Schaeffer paid the community bills with a signature stamp. In September 1994, the court entered the final dissolution decree, which stated that the personal property should be divided equally. The parties could not agree on the division, so the court appointed a special master. Although the client requested a new lawyer on October 31, 1994, Ms. Schaeffer continued to represent the client until early 1996, but did not complete the property distribution. In November 1994, Ms. Schaeffer received notice that the Social Security Administration would not continue to pay the client’s benefits unless it received additional information. Ms. Schaeffer did not send the additional information, and the client’s benefits were suspended. Additionally, during this time Ms. Schaeffer did not pay all of the community bills. She did not provide the necessary documentation to the son for the client’s tax returns. She sent the client three bills between February 1993 and November 1995. She paid herself $12,251.35, using the client’s signature stamp in December 1994, January 1995 and February 1995. The son stated that he did not authorize these payments, and Ms. Schaeffer had no contact with the client at this time. Ms. Schaeffer did not maintain complete records of the client’s funds and was not able to provide an accounting. She used funds on behalf of one client to advance costs on behalf of another. Although the client obtained new counsel in early 1996, Ms. Schaeffer did not return the signature stamp and other property until August 1998.
Disciplinary Counsel Kevin Bank represented the Bar Association. Ms. Schaeffer represented herself.
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