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Jo Nell Walker (WSBA No. 24526, admitted 1994), formerly of Vancouver, Washington, was suspended for three years, to be followed by one-year probation, effective August 25, 2010, by order of the Washington State Supreme Court following a default hearing. This discipline was based on conduct involving failure to provide competent services, failure to communicate, charging unreasonable fees, failure to properly withdraw from representation, and non-cooperation in a Bar Association investigation.
Ms. Walker was retained by a client in August 2002 for the express purpose of obtaining a finalized dissolution from her husband. Ms. Walker received $700 from client for her representation. In August 2002, Ms. Walker filed a Petition for Dissolution, a Joinder, a Proposed Parenting Plan, and a Proposed Order of Child Support.
For nearly a year, Ms. Walker failed to inform the client regarding the necessary additional steps to complete the dissolution. On July 15, 2003, Ms. Walker entered a Notice of Withdrawal of Attorney in client’s case. Ms. Walker failed to notify her client of the termination of her representation, and failed to finalize the dissolution or advise her that the dissolution was not complete. The case was dismissed on a motion of the clerk in April 2008.
In November 2008, the client learned that her dissolution was never completed. Based upon the erroneous understanding that they were legally divorced, both the client and her ex-husband have, since 2002, remarried, received separate credit cards, and received separate lines of credit. The client also has, since 2002, erroneously filed taxes as a single person and head of household, and occasionally received state assistance as a single parent; however, because the divorce was never finalized, the client has been unable to collect on unpaid child support. The client will likely pay another lawyer additional money to complete the dissolution and to attempt to claim the unpaid child support. Ms. Walker has not returned the unearned fee paid to her by her client.
On November 17, 2008, the Bar Association sent the client’s grievance to Ms. Walker and requested a written response to the allegations within two weeks. Ms. Walker failed to respond to this request, to a certified letter later sent to her home, or to a voice-mail message from the Association. On February 19, 2009, Ms. Walker telephoned disciplinary counsel, stating that she had received correspondence from the Association regarding a separate, unrelated matter. Ms. Walker claimed that she was having difficulty receiving mail and knew nothing about this matter. Ms. Walker requested additional time to respond to the grievance and also stated that she wished to resign from the Association. Ms. Walker confirmed that the Association had her correct address and asked that future correspondence be sent via first-class mail rather than certified.
On February 23, 2009, the Association again sent Ms. Walker, via first-class mail, a copy of the client’s grievance and requested a response within 10 days. Ms. Walker failed to respond to the letter or to communicate further in any way with the Bar Association. On May 21, 2009, Ms. Walker was suspended on an interim basis by the Washington State Supreme Court for failure to respond to the Association’s requests regarding the client’s grievance.
Ms. Walker’s conduct violated former RPC 1.1, requiring a lawyer to provide competent representation; former RPC 1.3, requiring a lawyer to diligently represent 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; former RPC 1.5, requiring a lawyer’s fee to be reasonable; former RPC 1.15, prohibiting a lawyer from representing a client if the representation will result in a violation of the Rules of Professional Conduct and requiring a lawyer to take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payment of fee that has not been earned; and RPC 8.4(l), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct in connection with a disciplinary matter.
Erica W. Temple represented the Bar Association. Ms. Walker did not appear either in person or through counsel. Dennis W. Morgan was the hearing officer. |