| Description: |
Ronald P. Abernethy (WSBA No. 14239,
admitted 1984), of Seattle, was ordered to receive
a reprimand on July 29, 2011, following
approval of a stipulation by a hearing officer.
This discipline is based on conduct involving
failure to communicate the basis or rate of his
fee and violating a duty in connection with a
grievance investigation.
In August 2010, Mr. Abernethy was hired
to represent Client in a criminal matter. He
charged Client a flat fee of $8,500 to represent
him. There was no written fee agreement. In
August 2010, Mr. Abernethy received a $2,500
advance fee into his trust account. Client did
not have liquid funds to pay the remaining
$6,000. Mr. Abernethy agreed to accept two
motor vehicles as payment. He failed to fully
disclose in writing the terms on which he
obtained his ownership interest in the motor
vehicles or the value assigned to each vehicle.
Mr. Abernethy negligently failed to disclose
the basis of the fee, even after his client terminated
him and requested an accounting
of attorney fees.
In December 2010, Client filed a grievance
against Mr. Abernethy with the Bar Association.
Mr. Abernethy failed to promptly and
timely cooperate with the Bar Association’s
investigation of the grievance.
Mr. Abernethy’s conduct violated RPC
1.5(b), requiring that the lawyer communicate
the scope of the representation and the
basis or rate of the fee and expenses for which
the client will be responsible, preferably in
writing, before or within a reasonable time
after commencing the representation; RPC
1.15A(c)(2), requiring a lawyer to deposit into
a trust account legal fees and expenses that
have been paid in advance, to be withdrawn
by the lawyer only as fees are earned or expenses
incurred; 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.
Jonathan H. Burke represented the Bar Association.
Mr. Abernethy represented himself.
J.C. Becker was the hearing officer. |