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Bellevue lawyer Donna Jean Light (WSBA No. 22465, admitted 1993) has been ordered to receive two reprimands pursuant to a stipulation for discipline, approved January 1997. The discipline is based upon her mishandling of client funds in two matters.
Light met lawyer "X" when she was in law school. At that time he worked at a large Seattle law firm. Unbeknownst to Light, X transferred to inactive status in April 1991, and in May 1992, was suspended from the practice of law in Washington for failure to pay bar dues. X told Light he was "retired."
In September 1993, a friend contacted X for advice on settling his deceased father's estate. X told the friend he was "retired" and referred him to Light. He told the friend that because Light was inexperienced, he would supervise her work. The friend, who was named as the personal representative in his father's will, retained Light as attorney for the estate. The major asset in the estate was a house. The will left all the property in the estate to the personal representative and his sister. During the pendency of the probate, X periodically consulted with the personal representative and gave him legal advice. In July 1994, the father's house was sold. Light and the personal representative met at the escrow company and Light was given a check for $47,167. Light met with X later that day in his office. He made a telephone call that appeared to Light to be to the personal representative. It appeared to Light from what X said during and immediately following this call that X had obtained permission from the personal representative to invest the proceeds from the sale of the house. X told Light that the sister's interests would be protected and that the personal representative had the authority to authorize the investment. Acting on X's direction, Light deposited the check in her IOLTA trust account and paid out all the money either directly to X or to third parties on X's behalf. X did not invest any of the money on the estate's behalf, nor did he repay any of it. Disciplinary proceedings against X have been deterred pending the resolution of criminal charges against him.
Light stipulated that by giving X funds belonging to the estate without consulting directly with the personal representative, she violated RPC 1.4 (communication), 1.14(b)(3) (duty to render appropriate accounts to client) and 1.1 (competence).
The second reprimand stemmed from Light's conduct in a second case involving X. A couple contacted X to obtain representation in the purchase of a home. X told the couple that he was working with Light. X reviewed the proposed purchase and sale agreement and at his suggestion, Light was listed as the escrow agent in the agreement. Light then picked up a check for $5,000, the amount of the earnest money deposit, from the wife. The check was made payable to Light. Light did not know at that time that she was listed as the escrow agent. She told the wife she would be delivering the funds to X. At X's instruction. Light cashed the check and gave X the entire $5,000 in cash. Light believed X would place the funds in an interest-bearing escrow account, but he instead converted the funds. Light stipulated that by giving X the $5,000 without determining either his entitlement to the funds or whether she had a fiduciary duty to the purchasers, she violated RPC 1.14(a) (preserving client property), made applicable to real estate escrow funds through RPC 1.14(d).
The two reprimands were based on several mitigating factors, some details of which were not made part of the public record. Light also agreed to make restitution in both cases.
Respondent represented herself. The Bar Association was represented by disciplinary counsel Anne I. Seidel.
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