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Donna L. Johnston (WSBA No. 23630, admitted 1994), of Seattle, was ordered by a hearing officer to receive a reprimand on July 21, 2006 following approval of a stipulation. This discipline resulted from conduct involving failure to communicate and dishonesty.
In July 2004, Ms. Johnston was hired to expunge a client's assault conviction in Superior Court. Her client told her that he wished to resolve the matter quickly because he was applying to dental schools. Ms. Johnston discovered that the Clerk's Office could not locate her client's file. Without obtaining the file, in July 2004, Ms. Johnston sent a letter to a dental school informing them that her client qualified for the expungement. In October 2004, Ms. Johnston spoke with a Deputy Prosecuting Attorney, who informed her that her client's conviction required a five-year waiting period prior to expungement, and that the five-year period had not begun to run because a bench warrant had been issued as her client had not paid all that he owed. The Deputy Prosecuting Attorney agreed to quash the warrant and issue a certificate of successful completion if her client paid the outstanding balance. Her client could proceed with the expungement five years after the certificate was issued. Ms. Johnston did not communicate with her client after that conversation until the grievance was filed. She did not tell her client that he was not immediately eligible for expungement or keep him informed as to the status of his case. After August 2004, Ms. Johnston failed to return her client's phone calls or respond to his emails.
Ms. Johnston’s conduct violated former RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, to promptly comply with reasonable requests for information, and to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Sachia Stonefeld Powell represented the Bar Association. Ms. Johnston represented herself. Geoffrey G. Revelle was the hearing officer.
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