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Byron D. Coney (WSBA No. 367, admitted 1955), of Seattle, has received a reprimand, following a hearing. The discipline is based upon his failure to comply with his client’s decisions concerning the scope of representation in 1997.
Between 1993 and 1997, Mr. Coney had a romantic relationship with Ms. R. During this time, Mr. Coney represented Ms. R on various legal matters.
In July 1995, Ms. R sold real property on Vashon Island. Six months after the sale, the purchasers sued Ms. R and her real estate brokerage, alleging that they had misrepresented the adequacy of the water supply available from the property’s well. Mr. Coney appeared for Ms. R and the real estate company. He told Ms. R that he would not charge her fees, but that if they prevailed, he would seek fees from the purchasers. In May 1997, Ms. R obtained new counsel. New counsel billed Ms. R and she paid the bills. In July, the trial court found for Ms. R in the lawsuit and ordered the purchasers to pay Ms. R’s attorney’s fees and costs.
In July 1997, Mr. Coney re-associated as counsel for Ms. R for the limited purpose of presenting a claim for attorney’s fees. In August, Mr. Coney filed a claim for $22,500 in attorney’s fees and $9,410 in costs. The costs included $8,800 in CR 11 sanctions Mr. Coney paid in connection with a court-ordered dismissal of a third-party defamation case Mr. Coney filed against some of the purchaser’s neighbors. Ms. R’s new counsel and the purchaser’s counsel continued to negotiate the amount of attorney’s fees and did not include Mr. Coney in the negotiations. Mr. Coney sent a fax to Ms. R’s new counsel stating that he would not authorize settling his attorney’s fees for less than the full amount without his prior written consent.
In August 1997, the parties settled the attorney’s fees for $40,000. Ms. R’s new counsel’s fees were approximately $26,000, and costs for an expert were under $10,000. New counsel sent a letter to Mr. Coney regarding the settlement, indicating that any matters about earlier attorney’s fees were between Ms. R and Mr. Coney, and would not involve new counsel.
In August 1997, the trial court entered the judgment and dismissed the entire lawsuit. When Mr. Coney, who had been out of town, returned and learned of the judgment, he filed a motion to alter and amend judgment of dismissal. This motion asked the court to re-open the case to enter an award of attorney’s fees to him; however, Mr. Coney did not ask his client’s permission to re-open the case. New counsel wrote a letter to Mr. Coney asking him to withdraw the motion, pointing out that the client would incur additional attorney’s fees. Ms. R signed a declaration opposing the motion; however, Mr. Coney proceeded.
The hearing officer found that Mr. Coney had a conflict of interest with his client at the time he pursued this motion to amend. The court dismissed Mr. Coney’s motion and awarded Ms. R $1,200 in fees against him. Mr. Coney filed a notice of appeal of the decision without his client’s consent. The Court of Appeals dismissed the case on a motion on the merits, stating that the appeal was "frivolous in every sense." The court commissioner awarded the client attorney’s fees on appeal.
In November 1998, Ms. R filed a civil suit against Mr. Coney to dissolve a trust established during their relationship. Mr. Coney counterclaimed for his attorney’s fees in the real estate litigation. Mr. Coney also filed a third-party claim against Ms. R’s new counsel for attorney’s fees in the real estate matter. On April 9, 2000, Ms. R filed a grievance against Mr. Coney. On April 10, Mr. Coney and Ms. R settled their lawsuit.
Mr. Coney’s conduct violated RPCs 3.1, prohibiting lawyers from filing frivolous claims; 1.2(a), requiring lawyers to abide by their client’s decisions concerning the scope of representation; and 1.7(b), prohibiting lawyers from representing a client if the representation is materially limited by the lawyer’s own interests.
Linda Eide and Michael D. Hunsinger represented the Bar Association. Mr. Coney represented himself. The hearing officer was Andrea A. Darvas.
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