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Ronald P. Abernethy (WSBA No.14239, admitted
1984), of Seattle, resigned in lieu of disbarment,
effective January 31, 2012. This resignation was based
on conduct involving failure to act with reasonable
diligence in a client matter, conversion of client
funds, failure to safeguard client property, conduct
that is prejudicial to the administration of justice,
failure to obey court orders, non-cooperation in a
disciplinary investigation, and conduct demonstrating
unfitness to practice law. According to the
Statement of Alleged Misconduct:
Client Matter: Mr. Abernethy represented
Client in a pending Ninth Circuit appeal of
a federal criminal conviction for operating a
greenhouse supply store that facilitated the
growing of marijuana. Mr. Abernethy has
never been licensed to practice before the
Ninth Circuit. Between November 16, 2010, and
June 16, 2011, the Ninth Circuit issued orders
requiring Mr. Abernethy to make arrangements
on Client’s behalf to pay the appeal fees or
file a motion to proceed in forma pauperis; to
submit proof within 14 days of his admission
to the Ninth Circuit Court or complete the bar
admission form; and to show cause why the
court shouldn’t impose sanctions against him
after his failure to respond to the first order. The
orders provided that, inter alia, failure to timely
comply might result in dismissal of Client’s appeal.
Mr. Abernethy failed to respond or comply
with any of the orders. Client sent a letter to
the Ninth Circuit requesting the appointment
of other counsel, for which the court issued an
order. On August 10, 2011, the Ninth Circuit
issued an order sanctioning Mr. Abernethy
$2,000 for non-compliance with the previous
orders. Mr. Abernethy did not pay the $2,000 in
sanctions assessed by the Ninth Circuit.
Non-cooperation: On August 15, 2011, the
Bar Association opened a grievance against Mr.
Abernethy for failing to comply with the court
orders issued by the Ninth Circuit in the previously
stated client matter. On August 24, 2011,
and September 27, 2011, the Bar Association
sent Mr. Abernethy letters requesting him to
respond to the grievance. Mr. Abernethy did
not respond to the letters and did not respond
to a subsequent subpoena duces tecum, with
which he was personally served, requiring him
to appear at a November 2011 deposition. Mr.
Abernethy did not appear at the deposition.
In December 2011, the Bar Association petitioned
the Supreme Court for interim suspension
due to Mr. Abernethy’s non-cooperation
with the Association’s investigation. Mr. Abernethy
received a copy of the petition, and was
personally served with an Order to Show Cause
directing him to appear before the Supreme
Court on January 19, 2012, and show cause why
he should not be suspended from the practice
of law. Mr. Abernethy did not respond to the
order or appear at the hearing. On January 25,
2012, the Supreme Court entered an order of
interim suspension suspending Mr. Abernethy
from the practice of law.
Violations of Stipulation: Under a Stipulation
to Reprimand filed on August 1, 2011, Mr.
Abernethy agreed to deposit $2,500 into his
trust account in a client matter within 14 days
of approval of the Stipulation and maintain the
funds in his trust account until he resolved a
particular fee dispute; take reasonable steps to
resolve the fee dispute, including interpleading
the disputed funds; inform disciplinary counsel
on a monthly basis of the status of the fee dispute;
and pay costs of $560 to the Bar Association.
In August 2011, Mr. Abernethy deposited
the $2,500 into his trust account, but never
resolved the fee dispute, and later withdrew
the funds to use for personal purposes. Mr.
Abernethy did not keep disciplinary counsel
informed about the status of the matter, did
not respond to disciplinary counsel’s written
requests for a status report, and failed to pay
$560 in costs to the Bar Association.
Trust Account Matters: Mr. Abernethy did
not maintain client ledgers for clients with
funds in his trust account and did not keep his
trust account’s check register current. In 2011,
Mr. Abernethy issued checks from his trust account
that either did not clear or cleared only
after he deposited funds from other clients. Mr.
Abernethy was unable to determine the extent
of his trust account deficiencies and had used
funds belonging to certain clients for other
unrelated purposes. Because of the overdrafts,
the Bar Association opened a grievance and
sent letters to Mr. Abernethy in November
2011, requesting a response and additional
trust account information. Mr. Abernethy did
not respond to the grievance or to the letters.
Mr. Abernethy’s conduct violated RPC 1.3,
requiring a lawyer to act with reasonable diligence
and promptness in representing a client; RPC
1.15A(b), prohibiting a lawyer from using, converting,
borrowing, or pledging client or third-person
property for the lawyer’s own use; RPC 1.15A(c)
(3), requiring a lawyer to hold property of clients
and third persons separate from the lawyer’s
own property and to appropriately safeguard any
property of clients or third persons; RPC 1.15A(g),
requiring that, if a lawyer possesses property in
which two or more persons (one of which may
be the lawyer) claim interests, the lawyer must
maintain the property in trust until the dispute
is resolved; RPC 8.4(d), prohibiting a lawyer from
engaging in conduct that is prejudicial to the
administration of justice; RPC 8.4(j), prohibiting
a lawyer from willfully disobeying or violating a
court order directing him or her to do or cease
doing an act which he or she ought in good faith to
do or forbear; 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; and RPC
8.4(n), prohibiting a lawyer from engaging in
conduct demonstrating unfitness to practice law.
Jonathan H. Burke represented the Bar Association.
Mr. Abernethy represented himself. |