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Eric Valley, (WSBA No. 21184, admitted 1991), of Shelton, was reprimanded, effective August 7, 2012, pursuant to an Order Approving Stipulation to reprimand. This discipline is based on conduct involving failure to safeguard client property, failure to communicate, and failure to communicate the rate or basis of fees.
On April 8, 2011, Client A paid Mr. Valley $500 to represent him in his dissolution matter. There was no written fee agreement. Mr. Valley failed to deposit the fee into his trust account. On April 11, 2011, Client A paid Mr. Valley an additional $1,500; Mr. Valley again failed to deposit the funds into his trust account. Over the next two months, Mr. Valley periodically asked Client A for additional funds. Mr. Valley never gave Client A a contemporaneous billing statement or explained whether the money would be put in trust for future fees or used for fees already incurred. Client A made three additional payments to Mr. Valley between April 27, 2011, and May 9, 2011. At least part of these funds were unearned when received but Mr. Valley did not deposit any of the funds into his trust account.
In January 2011, Client B hired Mr. Valley to represent her in a custody modification action against Ex-Husband. Over the next two months, Mr. Valley met with Client B several times. On April 1, 2011, Client B’s mother (Mother) delivered a check to Mr. Valley for $1,500. On August 1, 2011, Mother delivered an additional $300 to Mr. Valley. Mr. Valley did not provide either Client B or Mother with a receipt for these funds and never provided a billing statement detailing the work that he had done on the case, the amount of fees that he had incurred, and when they had been incurred. On June 20, 2011, Ex-Husband filed a petition seeking to relocate to California with the children and served a copy on Mr. Valley, not Client B. Mr. Valley did not provide Client B with a copy of the petition. On August 5, 2011, Ex-Husband filed a proposed parenting plan and served it on Mr. Valley; the proposed parenting plan restricted all of Client B’s residential time to the state of California. Mr. Valley did not provide a copy of the proposed parenting plan to Client B.
Mr. Valley’s conduct violated RPC 1.4(a)(3), requiring a lawyer to keep the client reasonably informed about the status of the matter; RPC 1.5(b), requiring a lawyer to communicate to the client, preferably in writing, before or within a reasonable time after commencing the representation except when the lawyer will charge a regularly represented client on the same basis or rate; 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 1.15A(e), requiring a lawyer to promptly provide a written accounting to the client or third person after distribution of property or upon request and provide at least annually a written accounting to client or third person for whom the lawyer is holding funds.
Francesca D’Angelo represented the Bar Association. Mr. Valley represented himself. J.C. Becker was the Hearing Officer.
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