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Cheryl Nance (WSBA No. 22825, admitted 1993) of Seattle, was suspended for two years, effective August 19, 2011, by order of the Washington State Supreme Court following approval of a stipulation. This discipline is based on conduct involving failure to communicate, failure to deposit advance costs into a trust account, failure to provide an accounting of client funds, and failure to refund unused costs when terminated.
Ms. Nance represented Client A and his adoptive mother in a complex immigration matter. In addition to fees for anticipated legal work, Client A paid Ms. Nance $355 in February 2008, to be used as the filing fee for a petition. Ms. Nance did not deposit or maintain any of the $355 filing fee advance in a trust account. After performing substantial legal work on behalf of Client A, Ms. Nance was discharged in late October 2008.
At the time of her discharge, Ms. Nance had not filed the petition or paid the filing fee. Client A’s new lawyer wrote to Ms. Nance on October 22, 2008, requesting Client A’s file and an accounting for the $355 Client A had advanced for the filing fee. Ms. Nance did not provide Client A’s file to his new lawyer until December 23, 2008. Despite a number of requests for a refund of the advanced filing fee, Ms. Nance did not refund the advanced filing fee until April 2011.
In May 2008, Ms. Nance was hired by Clients B and C to represent them in pursuing immigration petitions. Clients B and C provided Ms. Nance with $2,010 of advance filing fees and costs, which Ms. Nance did not deposit or maintain in a trust account.
In July 2008, Ms. Nance filed petitions with USCIS on behalf of Clients B and C, and transmitted $1,365 of filing fees to the USCIS. It was learned that the filing fees for the immigration petitions were less than had been estimated. Ms. Nance met with Client C in August 2008, at which time she indicated that the filing fees had been $645 less than estimated and that she would refund that amount less the costs that had been incurred.
Ms. Nance paid Client C $400 at that meeting and promised to provide an accounting and any balance shortly thereafter. Client B left several telephone messages for Ms. Nance asking for an update; Ms. Nance considered the messages to be irate and abusive. While Ms. Nance left messages for Client B, she chose not to directly communicate with him. In October 2008, Clients B and C retained a new lawyer to represent them and requested an accounting from Ms. Nance. No accounting was provided until October 2010, when Ms. Nance provided a response to the formal complaint in her disciplinary matter. She did not refund the balance due to Clients B and C until April 2011.
Ms. Nance’s conduct violated RPC 1.4(a)(4), requiring a lawyer to promptly comply with reasonable requests for information; RPC 1.15A(c)(1), requiring a lawyer to hold property of clients and third persons separate from the lawyer’s own property and to deposit and hold in a trust account funds subject to this Rule; RPC 1.15A(e), requiring a lawyer to promptly provide a written accounting to a client or third person after distribution of property or upon request; and RPC 1.16(d), requiring a lawyer to promptly notify a client or third person of receipt of the client or third person’s property.
Randy V. Beitel represented the Bar Association. Michael C. Nance represented Ms. Nance. |