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Vicky J. Currie (WSBA No. 24192, admitted 1994), of Tacoma, was ordered to receive a reprimand on March 12, 2010, following approval of a stipulation by a hearing officer. This discipline was based on conduct involving failure to diligently represent a client, failure to communicate, and unreasonable fees.
On November 23, 2004, a client hired Ms. Currie to file a Chapter 13 bankruptcy to prevent the foreclosure of his home, which he had been notified would be sold at a foreclosure sale on December 3, 2004. The client also received notice that another property he owned, a duplex, would be sold at a foreclosure sale on February 11, 2005. The client was behind on his car payments. He told Ms. Currie that he wished to keep his vehicle. On December 2, 2004, Ms. Currie filed a Chapter 13 bankruptcy on the client’s behalf. On December 15, 2004, Ford Motor Company sent Ms. Currie a letter inviting the client to reaffirm the automobile debt. Ms. Currie did not forward this letter to the client or respond to this letter. On February 14, 2005, Ford made a motion for relief from the bankruptcy stay so that it could repossess and sell the client’s car. Ms. Currie did not file a response. Ford’s motion was granted, and the client’s car was repossessed.
Ms. Currie referred the client to a mortgage broker, who agreed to sell his duplex to buyers she had found. On April 7, 2005, another notice of trustee’s sale was issued on the client’s home, setting a foreclosure sale date of May 27, 2005. The client made an oral agreement to sell his home through the mortgage broker, with the understanding that he would be given a lease option to buy back the house at a later date. The client went to independent counsel, who advised him against the transaction. The client decided to go through with the sale anyway.
On April 18, 2005, Ms. Currie filed a request for voluntary dismissal of the client’s bankruptcy, which was granted. The client’s duplex sold on April 22, 2005. The client’s home sold on April 28, 2005. On April 25, 2005, Ms. Currie sent an invoice to the client’s title company requesting a $1,500 “finder’s fee” for referring the client to the mortgage broker. Ms. Currie also requested and received an additional $2,000 for attorney’s fees from the client’s escrow. Ms. Currie did not inform the client about the finder’s fee or that she was requesting an additional $2,000 in attorney’s fees. The client sued Ms. Currie in state court. As part of the settlement in that matter, Ms. Currie paid $20,000 to the client.
Ms. Currie’s conduct violated former RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former 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 former RPC 1.5(a), requiring a lawyer’s fee to be reasonable.
Francesca D’Angelo represented the Bar Association. Ronald C. Gardner represented Ms. Currie. Susan H. Amini was the hearing officer.
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