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Catherine S. Willmore (WSBA No. 33459, admitted 2003), of Seattle, was ordered to receive a reprimand on July 11, 2008, by order of a hearing officer following a hearing. This discipline resulted from conduct in three matters involving failure to provide competent representation, lack of diligence, failure to communicate, and trust-fund irregularities.
Between 2004 and 2006, Ms. Willmore was hired in three immigration matters to represent clients before both the Board of Immigration Appeals (BIA) and the Ninth Circuit Court of Appeals (Ninth Circuit). In two matters, Ms. Willmore failed to notify clients of adverse BIA decisions. The clients had 30 days to file appeals to the Ninth Circuit or to agree to voluntary departure; however, as she failed to inform her clients, they were unable to pursue a timely appeal or voluntary departure and became subject to immediate removal. One client was eventually arrested and detained for nine months by immigration officials because he had not voluntarily left the United States or filed an appeal.
In the third matter, Ms. Willmore failed to file a client’s appeal of an adverse immigration judge’s decision to the BIA within the 30-day deadline, which made the client subject to immediate removal from the United States. Ms. Willmore accepted a $610 check from the client, which was meant in part to pay the $110 filing fee for the appeal. The client’s check was not deposited into Ms. Willmore’s trust account, and Ms. Willmore did not pay the $110 filing fee for the BIA appeal. Ms. Willmore finally returned the funds to the client more than a year after receiving them.
Ms. Willmore’s conduct violated RPC 1.1, requiring a lawyer to provide competent representation to a client; 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, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; and 1.14(a), requiring all funds of clients paid to a lawyer or law firm, including advances for costs and expenses, to be deposited in one or more identifiable interest-bearing trust accounts maintained as set forth in the rules and no funds belonging to the lawyer or law firm to be deposited therein.
Kevin M. Bank represented the Bar Association. Kurt M. Bulmer represented Ms. Willmore. Margarita V. Latsinova was the hearing officer. |