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Alan Seago (WSBA No. 22574, admitted 1993), of Tacoma, has received two censures pursuant to a stipulation approved by the Disciplinary Board on January 12, 2000. This discipline is based on Mr. Seago’s failure to diligently represent and keep accurate trust account records for one client, and failure to diligently represent another client.
Matter 1: In July 1995, Mr. Seago agreed to represent a client in a dissolution action. The written fee agreement provided for an hourly fee. The client signed a written settlement agreement with the opposing party and wanted to finalize the dissolution as quickly as possible. The settlement agreement included a $24,500 payment to Mr. Seago’s client; $10,000 of this amount was to come from a second mortgage on the home. The client’s ex-husband was not able to obtain the second mortgage and did not pay the agreed $10,000. Without consulting his client, Mr. Seago agreed to changes in the already signed settlement agreement. The changes included omitting the $24,500 judgment from the judgment summary, although retaining the obligation to pay that amount, and obligating his client to pay the shipping costs for her personal property.
In May 1997, Mr. Seago received a $14,314 check in partial payment of the client’s settlement. After depositing this check into his trust account, Mr. Seago disbursed $4,020 to himself for fees and costs and $10,294 to his client. Although Mr. Seago’s trust account records were not complete, the parties agreed that he failed to credit the client with $1,005 in payments she made. Mr. Seago did not respond to the client’s inquiries regarding this disbursement.
Matter 2: In 1995, Mr. Seago represented a client in a criminal matter. The client pleaded guilty on three felony counts and was sentenced to 67-89 months to be served concurrently with another charge. Another lawyer (lawyer B) represented the client on the other charge.
In January 1997, the client attempted unsuccessfully to contact Mr. Seago because the client believed that his sentence had been calculated incorrectly. The client contacted lawyer B, who then wrote to Mr. Seago indicating that the client’s offender score may have been incorrect. Mr. Seago did contact the client, but did not advise the client what action to take, or take any steps himself to change the sentence. Lawyer B then filed a motion requesting that the court correct the sentence. Although lawyer B’s motion requested that Mr. Seago appear at the hearing, as he remained attorney of record, he did not appear. The court reduced the client’s time served by 13 months.
Mr. Seago’s conduct violated RPC 1.4, requiring lawyers to keep clients reasonably informed about the status of their cases; RPC 1.3, requiring lawyers to diligently represent their clients; and RPC 1.14(b), requiring lawyers to maintain complete records of client funds and property, and to promptly pay the funds to the client upon request.
Christine Gray represented the Bar Association. Mr. Seago represented himself.
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