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Matthew T. Hale, (WSBA No. 28041, admitted 1998), of Seattle, was suspended from the practice of law in the State of Washington for a period of one (1) year, effective September 4, 2012, by order of the Washington State Supreme Court following approval of a stipulation. The suspension will be followed by two (2) years probation effective upon reinstatement. This discipline is based on conduct involving failure to return fees, failure to safeguard property, failure to protect client confidentiality, and failure to properly terminate representation.
Between 2008 and 2011, Mr. Hale:
• Failed to return unearned fees to Client A even though the case resolved before the trial. Mr. Hale charged Client A fees in advance of performance of services, and then failed to deposit the fees into an IOLTA account, without including language required by RPC 1.5(a)(2) for a flat fee agreement. In July 2010, Client A filed a grievance with the Association. Mr. Hale subsequently sent two checks to Client A in September 2011, in and February 2012, totaling $10,000;
• Failed to protect client information by disclosing information related to Client B’s representation to Client B’s adult child without Client B’s informed consent, failed to have a signed written fee agreement with Client B, and failed to deposit Client B’s fee into an IOLTA account. On December 28, 2010, Mr. Hale did not appear in court with Client B and did not file a Notice of Appearance. Mr. Hale refunded two checks to Client B in April 2011 and June 2011, totaling $900;
• Failed to have a written fee agreement with Client C and to deposit Client C’s $5,000 representation fee into an IOLTA account. Client C paid Mr. Hale $5,000 for representation relating to allegations of criminal conduct, but was never charged with a crime. Mr. Hale informed Client C that the $5,000 was a flat fee. A few days later, Client C terminated Mr. Hale’s representation and requested a refund. Mr. Hale did not file a Notice of Appearance or make any court appearances on behalf of Client C and Mr. Hale’s work for Client C consisted of two or three phone calls and a review of some documents. Mr. Hale agreed to refund Client C a total of $4,500; between February 2010 and September 2011, Mr. Hale refunded 5 checks totaling $4,500;
• Failed to return the unearned portion of a $5,000 flat fee that Client D paid. Mr. Hale and Client D signed a written fee agreement which stated that:
“In the event our relationship is terminated before the
agreed-upon legal services have been completed,
you may or may not have a right to a refund of a portion
of the fee.”
Mr. Hale did not deposit the fee into an IOLTA account and spent a total of approximately three hours on Client D’s case. On March 1, 2011, Client D requested a refund of the unearned portion of his fee and Mr. Hale agreed to provide a partial refund. In September 2011, Mr. Hale refunded $4,000 to Client D.
Mr. Hale’s conduct violated RPC 1.5(a), prohibiting a lawyer from making an agreement for, charging, or collecting an unreasonable fee or an unreasonable amount for expenses; RPC 1.5(f)(2), requiring a lawyer to write a flat fee agreement in a manner that can easily be understood by the client, including the following: (i) the scope of the services to be provided; (ii) the total amount of the fee and the terms of payment; (iii) that the fee is the lawyer’s property immediately on receipt and will not be placed into a trust account; (iv) that the fee agreement does not alter the client’s right to terminate the client-lawyer relationship; and (v) that the client may be entitled to a refund of a portion of the fee if the agreed-upon legal services have not been completed; RPC 1.5(f)(3), requiring a lawyer to take reasonable and prompt action to resolve retainer or fee disputes; RPC 1.6, prohibiting a lawyer from revealing information relating to the representation of a client unless the client gives informed consent; RPC 1.15A(c)(2), requiring a lawyer 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 1.16(d), requiring a lawyer upon termination to take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of another counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred.
Erica Temple represented the Bar Association. Leland G. Ripley represented Mr. Hale.
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