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Grant Kinnear (WSBA No. 8935, admitted 1979), of Seattle, was suspended for 60 days following a stipulation approved by order of the Supreme Court dated June 13, 2000. The discipline is based upon his practicing law while his license was suspended, failing to diligently represent a client, and misrepresentation. The suspension became effective June 23, 2000. Mr. Kinnear has since been reinstated.
Matter 1:
On March 10, 1998, the Supreme Court suspended Mr. Kinnear’s license to practice law for failure to comply with continuing legal education reporting requirements. Mr. Kinnear received notice of this suspension on March 11, 1998. After receiving this notice, Mr. Kinnear continued to practice law in two matters.
In April 1998, he represented a client in a mediation. He did not inform the mediator that his license to practice had been suspended. The opposing counsel asked Mr. Kinnear before the mediation if he was an active member of the WSBA. Mr. Kinnear untruthfully said that he was an active member. Following the mediation, Mr. Kinnear withdrew from the representation and arranged for another lawyer to represent the client.
In the second case, Mr. Kinnear attended the closing of a refinance of a commercial building on behalf of a client who knew that Mr. Kinnear’s license had been suspended.
On July 15, 1998, a WSBA employee called Mr. Kinnear’s law office. The person answering the phone said, "law office," and indicated that Mr. Kinnear was practicing law in that office. Mr. Kinnear was a tenant in an office-sharing arrangement with several other lawyers. The receptionist did not know about his license suspension. Although Mr. Kinnear did not remove his name from the building directory during his suspension, he did not take new clients or bill existing clients for work done during this time. Mr. Kinnear’s license to practice law was reinstated on February 24,1999.
Matter 2:
From fall 1993 until fall 1997, Mr. Kinnear represented the West Shore Tenants Association (WSTA). After a lengthy administrative appeals process and several attempts at mediation, WSTA asked Mr. Kinnear to file a federal court lawsuit on behalf of some tenants. In December 1997, after some delay, Mr. Kinnear told several WSTA members that the complaint had been filed when in fact it had not. Although there was no statute of limitations on this lawsuit, the issues involved were financially important to WSTA members and the resolution was delayed. The sanction analysis in this matter involved mitigating factors.
By continuing to practice law after receiving notice that his license to practice had been suspended, Mr. Kinnear’s conduct violated RPCs 5.5(a) and 1.15(a)(1), and RLD 8.2. By falsely telling WSTA members that the complaint had been filed, Mr. Kinnear’s conduct violated RPCs 1.3, 1.4(a), and 8.4(c).
Anne I. Seidel represented the Bar Association. Wesley N. Edmunds represented Mr. Kinnear.
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