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Daniel S. Wilner (WSBA No. 21690, admitted 1992), of Belfair, has been disbarred by order of the Supreme Court effective January 30, 2001, following a default hearing. The discipline is based upon his failing to diligently represent and adequately communicate with several clients, charging unreasonable fees, and engaging in conduct demonstrating unfitness to practice law from 1995 through 1999.
Matter 1: On November 23, 1994, Mr. Wilner agreed to represent a client in a fee dispute with an architect. The client paid Mr. Wilner $250 pursuant to a written fee agreement. Mr. Wilner told the client that he would write a demand letter to the architect and that the client could review the letter before Mr. Wilner sent it. On December 6, the client called Mr. Wilner because he had not received a copy of the demand letter. Mr. Wilner told the client that Mr. Wilner’s wife had a copy of the letter at home and that she would bring it to the office. On December 13, the client received a fax of the demand letter, which was dated December 8, 1994. On January 21, 1995, Mr. Wilner told the client that he was not sure whether the letter had been mailed to the architect. In January 1996, the client’s case went to arbitration, where the client attempted to introduce the demand letter. The arbitrator refused to admit the letter because the architect and his lawyer both stated that they had never received it. On February 3, the client retained new counsel and requested that Mr. Wilner return his fees. On February 14, 1996, Mr. Wilner returned the client’s $250.
Matter 2: On December 16, 1994, Mr. Wilner agreed to represent a client in a claim against Mason County. The client alleged that the county had taken fill from the client’s land without adequate compensation. On February 23, 1995, the client paid Mr. Wilner $500 as required in the written fee agreement. The client was not able to contact Mr. Wilner about his case from January 1995 through March 1996. On October 24, 1997, the client terminated Mr. Wilner’s services and requested a refund. Mr. Wilner did little, if any, work on the client’s case and did not refund any of the fees.
Matter 3: On October 2, 1995, Mr. Wilner agreed to represent a client in a Chapter 7 bankruptcy. The client paid Mr. Wilner $700 as required by the written fee agreement. Mr. Wilner did not file the client’s bankruptcy petition, and the client was not able to contact Mr. Wilner.
On March 26, 1996, Mr. Wilner also agreed to represent the client in a marriage dissolution set for trial on April 2, 1996. Mr. Wilner agreed to handle the case for $2,000 if it did not go to trial and $4,000 if it went to trial. The client paid a $6,000 advance fee deposit. On March 31, the parties agreed to a settlement and the client asked Mr. Wilner to refund $4,000 of the advance fee deposit. Mr. Wilner did not refund any of the client’s payment.
Matter 4: On October 2, 1995, Mr. Wilner agreed to represent two clients in a breach-of-contract claim regarding a house the clients owned. In January 1996, Mr. Wilner prepared a summons and complaint, and in August he told the clients the complaint had been filed and that the title company had contacted him about a possible settlement. In fact, the clients later discovered that as of August 1995, Mr. Wilner had not filed the complaint. Mr. Wilner did return $1,000 to the clients.
Matter 5: On February 11, 1996, Mr. Wilner agreed to represent a client in a property damage dispute. The client was not able to contact Mr. Wilner between February and October 1996. Mr. Wilner did not complete any work on the client’s case. On March 12, 1997, Mr. Wilner returned the client’s documents along with four post-dated checks of $265 each as fee reimbursement plus interest. The client was able to cash the first check, the second was returned for insufficient funds, and the last two were not negotiable because the account was closed. Mr. Wilner did not replace the checks.
Matter 6: On October 1, 1996, Mr. Wilner agreed to draft wills, a community property agreement, and a power of attorney for a husband and wife. The clients paid Mr. Wilner $550 as stated in the written fee agreement, believing that the power of attorney and community property agreement would be completed within two weeks. On November 18, the clients requested that Mr. Wilner return their existing will and fee. On December 2, 1996, the clients filed a small-claims-court action against Mr. Wilner. Two days prior to the scheduled court hearing, Mr. Wilner delivered the clients’ documents and money to their home.
Matter 7: On November 12, 1996, Mr. Wilner agreed to represent a client in a Chapter 7 bankruptcy. The client paid Mr. Wilner $750 as required by the written fee agreement. Mr. Wilner filed the bankruptcy petition on February 28, 1997. He did not attend an April 22, 1997 meeting of creditors. On May 10, the client received notice that her case had been dismissed. She scheduled an appointment with Mr. Wilner, but when she arrived she was informed he was not available. On November 20, 1997, the client filed a small-claims action against Mr. Wilner for the fees she paid him and for additional charges from another lawyer. Three days prior to the small-claims hearing, Mr. Wilner paid the client $1,064.
Matter 8: On January 9, 1997, Mr. Wilner agreed to represent a client in a Chapter 7 bankruptcy. The client paid Mr. Wilner $725 as stated in the written fee agreement. Between January and mid-April 1997, Mr. Wilner told the client that the case was progressing and that he would notify the client of the court date. By mid-April, Mr. Wilner stopped returning the client’s calls. Mr. Wilner did not file the client’s bankruptcy petition. In late May 1997, the client requested that Mr. Wilner return his retainer. Mr. Wilner promised to return the client’s money, but as of the date of the hearing, had not done so.
Matter 9: In July 1997, Mr. Wilner agreed to represent a client who was named as the defendant in a fraud lawsuit filed in the superior court of San Bernardino, California. The client paid Mr. Wilner $1,500 as an advance fee deposit. In August 1997, Mr. Wilner filed a notice of appearance in the lawsuit, even though he was not admitted to practice in California. Opposing counsel notified Mr. Wilner that California did not use notices of appearance and that the document had no effect. Mr. Wilner filed no other documents and the court entered a default order against Mr. Wilner’s client; however, Mr. Wilner did not keep the client informed of these orders. The client terminated Mr. Wilner’s services on April 6, 1998 and requested a return of the $3,200 she had paid in fees. On April 7, 1998, Mr. Wilner wrote to the client that he would return her money if he had not completed her case by April 30, 1998. Mr. Wilner took no action to vacate the default orders, did not complete the client’s case, and did not return her funds.
Matter 10: On February 25, 1998, Mr. Wilner agreed to represent a client in a quiet title action. On March 5, 1998, the client paid the $1,500 nonrefundable retainer as required by the written fee agreement. Between March 1998 and September 1999, Mr. Wilner canceled several appointments with the client, failed to return the client’s phone calls, and did no work on the client’s case even though he had promised to do so. On November 3, 1999, the client terminated Mr. Wilner’s services. Mr. Wilner refunded $150 and promised to return the remaining $1,350, but had not done so at the time of the hearing.
Matter 11: On September 21, 1998, Mr. Wilner agreed to represent a client in a Chapter 7 bankruptcy. The client paid Mr. Wilner $725. The client’s mortgage company had advised him that a bankruptcy filing would stop the foreclosure action on his home. Mr. Wilner did not file the client’s bankruptcy petition until June 4, 1999. On August 9, the mortgage company filed a motion for adequate protection, allowing it to continue with the sale of the client’s home. Mr. Wilner did not inform the client of the motion or file a response. The court granted the motion, and the mortgage company sold the client’s home on September 17, 1999.
In February 1999, the client’s social security benefits were discontinued. In March 1999, he retained Mr. Wilner for $200 to represent him on this matter. In April 1999, the client paid Mr. Wilner additional fees for a will and power of attorney. Mr. Wilner did not work on any of these matters, and as of the date of the hearing had not returned the client’s money.
Matter 12: On November 3, 1998, Mr. Wilner agreed to represent a client regarding wetlands and zoning matters. On November 5, 1998, the client paid the $1,500 advance fee deposit required in the written fee agreement, but Mr. Wilner did not deposit the client’s funds into his trust account. Mr. Wilner filed a notice of appearance on February 23, 1999 and then failed to appear for two scheduled court appearances. The client was not able to contact Mr. Wilner between February and July 1999 and was not aware that Mr. Wilner had relocated his practice. On July 30, 1999, Mr. Wilner sent the client three $500 checks as reimbursement for the advance fee deposit. The checks were post-dated, one each week, beginning with August 6, 1999. The first two checks cleared the bank, but the third was returned for insufficient funds. The client retained new counsel on July 30, 1999. As of the date of the hearing, the client had not received the remaining $500.
Matter 13: On November 11, 1998, Mr. Wilner agreed to represent a couple in a dispute with their building contractor. On November 13, the clients paid Mr. Wilner $1,500. Subsequently, the clients called and wrote Mr. Wilner, but were not able to contact him. On April 28, 1999, the clients terminated Mr. Wilner’s services and asked that their payment be refunded. Mr. Wilner’s wife left a message for the clients indicating that Mr. Wilner had moved his office and apologizing for his lack of response to their calls. In August 1999, Mr. Wilner told the clients he would refund their money, but as of the date of the hearing had not done so.
Mr. Wilner’s conduct violated RPCs 1.3, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to promptly respond to clients’ reasonable requests for information about the status of their cases; 1.5(a), requiring lawyers’ fees to be reasonable; 1.14(a), requiring lawyers to place client funds into an interest-bearing trust account; and RLD 1.1(p), prohibiting conduct demonstrating unfitness to practice law.
C. Elizabeth Williams represented the Bar Association. Mr. Wilner represented himself. The hearing officer was Mark A. Wheeler.
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