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Paul D. Edmondson (WSBA No. 3634, admitted 1971), of Yakima, has been suspended for 21 days by order of the Supreme Court approving a stipulation. The suspension was imposed retroactively effective June 30, 2000. This discipline is based upon his practicing law while his license was suspended, and failing to adequately supervise a nonlawyer assistant.
Matter 1: On June 7, 2000, Mr. Edmondson’s license to practice law in Washington was suspended for nonpayment of license fees. Between June 8 and June 29, 2000, Mr. Edmondson filed pleadings, and appeared as a lawyer in Yakima District Court approximately once a week. Mr. Edmondson stated that his assistant, Ms. C, signed for, but did not give him, a February 2000 certified letter notifying him of his failure to pay license fees, and that he did not receive a June 2000 letter sent by regular mail informing him of his suspension. Mr. Edmondson states he first learned of his suspension from opposing counsel on June 30, 2000. Mr. Edmondson then immediately called the WSBA, applied for reinstatement, and paid the necessary fees. He did not practice law from June 30 until his license was reinstated on July 21, 2000.
Matter 2: Since 1987, Mr. Edmondson employed Ms. C as a legal assistant and interpreter. In 2001 and for some time before that year, Ms. C accepted legal-fee payments from numerous prospective clients without Mr. Edmondson’s knowledge. The clients believed they had retained Mr. Edmondson, but Ms. C embezzled the funds and, in some cases, provided clients with fraudulent legal documents. Mr. Edmondson relied on Ms. C to run the office while he was out of town. Her office was on a separate floor, so he was unable to directly observe her interactions with clients or potential clients. Ms. C also spoke Spanish to some clients, and Mr. Edmondson could only partially understand these conversations.
In September 2001, Mr. Edmondson received a letter from Ms. H stating that she had paid him for a dissolution in June 1998. Ms. H stated she was never able to reach Mr. Edmondson, and that his secretary told her that her court appearances had been canceled and he was too busy to see her. Mr. Edmondson immediately wrote back expressing concern and telling her he would handle the divorce or refund her money.
In November 2001, Mr. Edmondson received a complaint from Mr. and Mrs. X that in February 2001 they had paid a fee, but no work had been performed. Ms. C told Mr. Edmondson the client files and the money in them were missing. Mr. Edmondson received a third complaint in January 2002, at which time he fired Ms. C. On January 8, Mr. Edmondson filed a police report regarding Ms. C’s embezzlement. Mr. Edmondson has since learned of 35 cases in which Ms. C accepted money from prospective clients without his knowledge, and converted the money to personal use. In each case, Mr. Edmondson has offered to honor the fees and perform the legal services without further compensation. In six instances, he refunded the client fees.
Mr. Edmondson’s conduct violated RPCs 8.4(d) and 5.5(a), prohibiting lawyers from engaging in conduct prejudicial to the administration of justice; and 5.3, stating that lawyers are responsible for the conduct of nonlawyer assistants in violation of the RPCs.
Leslie Allen represented the Bar Association. Mr. Edmondson represented himself.
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