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Jeffrey M. Werthan (WSBA No. 20099, admitted 1990), of Issaquah, received a reprimand, following a hearing July 17, 2001. The discipline is based upon his failure to represent a client competently and diligently in 1998. (Jeffrey M. Werthan of Issaquah, Washington, is to be distinguished from Jeffrey M. Werthan of Washington, DC.)
In May 1998, Mr. Werthan agreed to represent the personal representative of the estate of DH. The personal representative was one of DH’s two brothers. At this same time, Mr. Werthan received a copy of the last will and testament, with handwritten changes. On June 11, 1998, Mr. Werthan filed a petition for appointment of the personal representative, stating that no will had been found. RCW 11.20.010 requires anyone having possession of a will to deliver the will to the court or the executor within a specified time. Mr. Werthan did not comply with this statute.
If there had been no will, DH’s father would have been the sole heir. Mr. Werthan’s petition listed DH’s two brothers as the sole heirs, with no mention of the father. Mr. Werthan did not obtain the personal representative’s verification of the petition, as required by RCW 11.28. 110. Mr. Werthan obtained a waiver of notice of nonintervention powers from one heir, but not all heirs, as required by RCW 11.68.041. Mr. Werthan also failed to provide the required notice of the appointment of the personal representative or publish required notices to creditors.
A company that locates missing heirs contacted DH’s father and told him he stood to inherit from an unnamed deceased relative. After the father contacted Mr. Werthan’s client, Mr. Werthan wrote to his client that the handwritten changes invalidated the will, and there was no alternative but to proceed to open a probate without a will. DH’s father refused to accept his share of the estate so that the brothers could inherit the estate; DH’s estate paid $2,000 to the father’s attorney. The court removed the personal representative and Mr. Werthan as the personal representative’s attorney, and admitted the will to probate. The court made a specific finding that Mr. Werthan’s negligent and reckless actions in the handling of the estate were a substantial factor in the suspicions and mistrust among family members.
Mr. Werthan’s conduct violated RPCs 1.1, requiring lawyers to provide competent representation; 1.3, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to keep clients reasonably informed of the status of their matters; and 8.4(c), prohibiting lawyers from engaging in misrepresentation.
Patricia H. Char represented the Bar Association. Kurt M. Bulmer represented Mr. Werthan. The hearing officer was Bert W. Markovich.
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