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Kenneth W. Raber (WSBA No. 4971, admitted 1973), of Yakima, has been ordered censured pursuant to a stipulation approved by the Disciplinary Board on September 29, 2000. This discipline is based on Mr. Raber’s failure to communicate adequately with a client.
In September 1991, Mr. Raber prepared wills and a community property agreement for a husband and wife. In June 1992, the husband died. Mr. Raber met with the wife and daughter, and agreed to resolve the husband’s estate. The original community property agreement could not be located, and the parties disputed who had possession of the original documents.
During the delay caused by the missing documents, Mr. Raber resolved creditor and insurance issues. When Mr. Raber could not find the community property agreement, he told the wife that she would have to probate the estate. Mr. Raber stated that he told the wife and daughter that he would not file the probate until the clients paid his retainer fee and money for costs. Mr. Raber did not reduce this requirement to writing. The clients paid the costs, but stated that they did not understand that Mr. Raber would not take any action until they paid the retainer fee. Mr. Raber took no action on the clients’ case.
On February 1, 1996, the daughter retained another lawyer to probate her father’s estate. The probate was ultimately resolved by stipulation of the heirs.
Mr. Raber’s conduct violated RPC 1.4, requiring lawyers to keep their clients reasonably informed about the status of their cases and to explain matters to the extent necessary for the clients to make reasonable decisions about their representation.
Leslie Allen represented the Bar Association. Kurt Bulmer represented Mr. Raber.
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