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Gail Schwartz (WSBA No. 28994, admitted 1999), of Spokane, was suspended for six months, effective May 11, 2006, by order of the Washington State Supreme Court following a default hearing. This discipline was based on her conduct between 2003 and 2005 involving lack of diligence, failure to abide by a client’s decisions concerning the objectives of representation, failure to provide an accounting, charging an unreasonable fee, and failure to refund unearned fees.
In April 2003, Ms. Schwartz was hired by a client to provide representation in a dissolution action. The client specifically requested that Ms. Schwartz file a withdrawal of joinder and change of venue from Lincoln County to Skagit County. In May 2003, the client signed a “Retainer Agreement” and paid Ms. Schwartz a $1,000 “minimum fee and retainer.” The agreement provided that Ms. Schwartz’s hourly rate was $120 and that a portion of the “minimum fee and retainer” could be refunded depending on the billings. In May 2003, Ms. Schwartz filed a notice of appearance and withdrawal of joinder. In July and September 2003, Ms. Schwartz wrote to her client’s estranged husband regarding a proposed property division and asked him to contact her. No other legal work was performed for the client. Between April and December 2003, the client called Ms. Schwartz weekly and spoke to Ms. Schwartz approximately five or six times. After December 2003, neither Ms. Schwartz nor anyone from Ms. Schwartz’s office contacted the client. The client’s husband also contacted Ms. Schwartz’s office on several occasions, but he was rarely able to speak to her. Ms. Schwartz made four appointments to speak with the husband regarding the dissolution, but Ms. Schwartz did not follow through on any of these appointments.
The client hired a new lawyer to obtain the change of venue and to complete the dissolution. Despite multiple requests from the client’s new lawyer, Ms. Schwartz did not sign and return a substitution of counsel, provide an itemized billing, or refund any unearned fees to her client.
Ms. Schwartz’s conduct violated RPC 1.2, requiring a lawyer to abide by a client’s decisions about the objectives of representation and to consult with the client as to the means by which they are to be pursued; RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, to promptly comply with reasonable requests for information, and to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; RPC 1.5(a), requiring a lawyer’s fee to be reasonable; RPC 1.14(b)(3), requiring a lawyer to maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to his or her client regarding them; RPC 1.14(b)(4), requiring a lawyer to promptly pay or deliver to the client as requested by a client the funds, securities, or other properties in the possession of the lawyer which the client is entitled to receive; and RPC 1.15(d), requiring a lawyer to take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payment of fee that has not been earned.
Sachia Stonefeld Powell represented the Bar Association. Ms. Schwartz represented herself. Jane Bremner Risley was the hearing officer. |