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Gerald Neil (WSBA No. 5295, admitted 1973), of Tacoma, has been ordered to receive a reprimand pursuant to a stipulation for discipline approved by the Disciplinary Board on September 17, 1999. The discipline is based upon his failure to adequately supervise his staff and make appropriate inquiry in a guardianship matter.
Mr. Neil is the executive director of Pacific Guardianship Services (PGS), a non-profit corporation designed to administer guardianships. He also maintains a law practice that gives legal advice to PGS on some issues. On June 12, 1992, Mr. Neil, as lawyer for PGS, filed a petition for appointment of a guardian for a woman who could no longer live alone. The Court appointed a family member guardian of the person and PGS guardian of the estate. The woman died on November 28, 1993. On December 28, 1993, the Court approved PGS’s final report and accounting and discharged PGS as guardian of the estate. This report indicated that the estate contained $945.58, of which $407.12 was disbursed to PGS and $539.06 to Mr. Neil. The report also indicated that additional fees were waived, due to insufficient funds in the estate. The family did not retain Mr. Neil to represent the estate after the woman’s death. Over a year after PGS had been discharged, Mr. Neil’s secretary requested that a bank send Mr. Neil a certificate of deposit (CD) owned by the woman. The secretary’s letter indicated that PGS was the woman’s court-appointed guardian. The bank sent PGS a check for $6,453.79. Mr. Neil’s office contacted DSHS and negotiated a complete release of its lien for $3,261.68, an amount less that the total owed. Mr. Neil’s office also filed a small estate affidavit, but failed to give the statutorily required notices of the proceeding. The remaining $3,192.11 was paid to Mr. Neil in fees. A portion of these fees was applied to fees that Mr. Neil had earlier represented to the court he would waive, due to insufficient estate assets. The remaining fees were fees earned after PGS had been discharged as guardian. Mr. Neil was aware of these disbursements, but failed to make appropriate inquiry and provide proper staff supervision. The estate filed a civil suit against Mr. Neil and PGS. Mr. Neil paid restitution to the estate and the civil suit was settled. Mr. Neil’s conduct violated RPC 5.3(c), requiring a lawyer to be responsible for the ethical conduct of his nonlawyer assistants; and RPC 8.4(d), prohibiting conduct prejudicial to the administration of justice.
Vernon Harkins represented Mr. Neil. Timothy Leachman represented the Bar Association. The hearing officer was Edward Holm.
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