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Kenneth R. Mitchell (WSBA No. 17401, admitted 1987), of Tacoma, has been suspended for 60 days following a stipulation by order of the Supreme Court dated April 13, 2000. The discipline is based upon his failure to diligently represent and accurately communicate with a client, failure to refund advanced costs, and failure to cooperate with the Bar Association.
On August 6, 1990, a client retained Mr. Mitchell to collect unpaid trailer rental charges. The client paid Mr. Mitchell $200 for the court filing fee. Several weeks later when the client called, Mr. Mitchell told the client the lawsuit had been filed. The client called periodically for status updates and Mr. Mitchell told him the case was going well. Sometime prior to the summer of 1993, the client went to the Pierce County courthouse and learned that the lawsuit had not been filed. Two weeks later, Mr. Mitchell admitted he had not filed the lawsuit and promised to make the client’s case a priority.
On June 28, 1993, Mr. Mitchell wrote to the opposing party, referring to himself as the client’s lawyer in a matter pending before the Superior Court of Pierce County. Mr. Mitchell told the client that he had scheduled depositions and that they were continued. The client took time off from work to attend the depositions. When they did not occur, Mr. Mitchell asked the client for documentation of his lost wages, stating that he would seek sanctions against the opposing party.
On September 9, 1994, Mr. Mitchell admitted to the client that he had not filed the lawsuit or scheduled the depositions. Mr. Mitchell agreed to refund the client’s $200, but had not done so at the time the stipulation was signed. The client filed a grievance with the Bar Association. Mr. Mitchell did not respond to the Bar Association’s requests for information until he appeared for a deposition. He did not provide the documents requested in the subpoena duces tecum.
Mr. Mitchell’s conduct violated RPC 1.3, requiring lawyers to diligently represent clients; RPC 1.4, requiring lawyers to keep clients informed of the status of their matters and promptly respond to reasonable requests for information; RPC 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation; RPC 1.14(b)(4), requiring lawyers to promptly deliver client funds held by the lawyer, upon request; RPC 1.15(d), requiring lawyers to protect clients’ interests when withdrawing from a case; and RLD 2.8, requiring lawyers to cooperate with Bar Association investigations.
Marsha Matsumoto represented the Bar Association. Mr. Mitchell represented himself.
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