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A. Graham Greenlee (WSBA No. 890, admitted 1968), of Seattle, has been suspended for 90 days by order of the Supreme Court effective February 20, 2002, following a hearing. This discipline is based upon his failure to promptly deliver client funds in 1997.
Mr. Greenlee represented Mr. W in a personal-injury claim. In 1996, the jury returned a $7,500 verdict in favor of Mr. W. The court then awarded Mr. W $125 in attorney’s fees. In April 1997, Mr. Greenlee sent Mr. W a "pay-out" letter with a copy of the fee agreement and the $7,856 check from the court. Mr. Greenlee’s letter indicated that his fee was 40 percent of the jury verdict plus the costs he incurred, and that Mr. W would receive $4,000. In fact, Mr. W was entitled to $4,500 plus the $125 awarded by the court. Mr. Greenlee made a mathematical error when he calculated his 40 percent fee. Mr. W did not question the amount of the fee and endorsed and returned the check. At Mr. W’s request, Mr. Greenlee sent the check to Mr. W’s mother. Neither Mr. W nor his mother cashed the check.
On February 10, 1998, Mr. Greenlee issued a replacement check at Mr. W’s request. Mr. Greenlee maintained Mr. W’s money in his IOLTA account during the time between the first and second checks. Mr. W did not question the amount of the fee at this time, but he did contact another lawyer. The other lawyer requested an accounting of the "settlement." Mr. Greenlee requested Mr. W to sign a letter verifying that he had not received the earlier "pay-out" letter. Before responding to this letter, Mr. W’s new lawyer filed a grievance with the Bar Association. Mr. Greenlee did not respond to disciplinary counsel’s requests that he respond to the allegations in the grievance.
In September 2000, disciplinary counsel served Mr. Greenlee with a subpoena duces tecum for a deposition. Mr. Greenlee failed to attend the deposition and produce the required documents. In November 2000, Mr. Greenlee refunded $500 to the client for his miscalculation on attorney’s fees.
Mr. Greenlee’s conduct violated RPC 1.14(b)(4), requiring lawyers to promptly deliver client funds when requested; and RLD 2.8, requiring lawyers to promptly comply with disciplinary counsel’s requests for information relating to grievances.
Jean McElroy and C. Elizabeth Williams represented the Bar Association. Mr. Greenlee represented himself.
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