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Thomas F. Miller (WSBA No. 20264, admitted 1990), of Olympia, has been ordered censured pursuant to a stipulation to censure approved by the Disciplinary Board on November 17, 2000. This discipline is based on his failure to diligently represent and communicate with a client. (Note: Mr. Miller is to be distinguished from Thomas J. Miller of Spokane.)
On January 31, 1996, Mr. Miller agreed to represent two clients in a timber conversion case. Large cedar trees had been cut from the clients’ property without their permission. Mr. Miller filed a lawsuit against the adjacent property owners (the Ms), alleging they converted his clients’ timber. During discovery, Mr. Miller learned that the Ms hired a logger to cut timber along the boundary of their property. The logger allegedly converted timber from both the Ms and Mr. Miller’s clients. The logger was subsequently indicted for other counts of timber theft, but not for the Ms’ or the clients’ timber. After deposing the Ms, Mr. Miller told his clients he did not believe their lawsuit would survive a summary judgment. The clients then instructed Mr. Miller to settle the lawsuit if the Ms would grant them an easement over their property. Mr. Miller notified opposing counsel of the settlement offer.
On September 17, 1996, the Ms agreed to the settlement proposal. After several drafts and negotiations, opposing counsel sent the final documents to Mr. Miller on April 28, 1997. Opposing counsel contacted Mr. Miller several times during May regarding the documents. On May 14, 1997, Mr. Miller’s clients executed the settlement and easement documents.
During May, Mr. Miller was being treat-ed for depression. The treatment medication interfered with his ability to function in his law practice. In June, Mr. Miller stopped taking his medication and changed doctors. Also during June, opposing counsel contacted Mr. Miller several times regarding the settlement. Mr. Miller did not return his calls.
On July 11, 1997, the Ms authorized their lawyer to draft a summary judgment motion seeking dismissal of all claims. He completed the motion on August 1 and received the executed settlement documents on August 5. The Ms decided not to accept the settlement, and filed the summary judgment motion.
On November 13, 1997, Mr. Miller signed a stipulation to dismiss the Ms from the lawsuit. Mr. Miller did not tell his clients that the Ms had been dismissed, and continued to represent them in claims against the logger. Later, the clients learned that the logger did not have substantial assets and decided to stop pursuing him. The clients did not recover any damages from the conversion of their timber.
Mr. Miller’s conduct violated RPCs 1.3, requiring lawyers to diligently represent their clients; and 1.4, requiring lawyers to keep their clients informed of the status of their matters and to promptly comply with reasonable requests for information.
Jonathan Burke represented the Bar Association. Mr. Miller represented himself.
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