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A. Graham Greenlee (WSBA No. 890, admitted September 20, 1968), of King County, has been ordered censured following a public hearing. The hearing officer’s Findings of Fact, Conclusions of Law and Recommendation became final without appeal on December 31, 1998. This discipline is based on Mr. Greenlee’s settling a personal injury case without full authorization from his client.
Mr. Greenlee represented a client in a personal injury claim. In 1993, Mr. Greenlee filed suit for his client. Mr. Greenlee did not file the required Statement of Arbitrability or Confirmation of Joinder. He also failed to attend a court-ordered Status Conference. In a telephone call with opposing counsel, Mr. Greenlee accepted a $3,000 settlement offer. Although Mr. Greenlee considered his acceptance to be subject to his client’s approval, he did not convey this to opposing counsel. In December 1993, when Mr. Greenlee’s office received the release, stipulation and order of dismissal and $3,000 draft, his office staff accidentally placed these documents in the file, instead of forwarding them to the client. In February 1994, Mr. Greenlee’s secretary wrote a letter to the clerk of the court to prevent the clerk from dismissing the client’s case. In March 1994, Mr. Greenlee obtained and sent the release and draft to the client. The client called Mr. Greenlee to discuss how much of this settlement she would receive. Mr. Greenlee believed that the client was satisfied with the amount of the settlement. During this conversation, the client realized that the draft had expired. Mr. Greenlee obtained and sent a replacement draft, but the client refused to sign, asking that Mr. Greenlee reduce his fee. The client terminated Mr. Greenlee’s service in January 1995. Mr. Greenlee filed a notice of withdrawal and a notice of claim of lien for $1,435.05 in fees and costs. Later, the court dismissed the case for want of prosecution and the second draft expired. Apparently, the defendants will pay the $3,000 and Mr. Greenlee will reduce his fee. Mr. Greenlee agreed to obtain written authorization from clients in personal injury cases before entering binding settlements with the opposing party. The following mitigating and aggravating factors were considered in the sanction recommendation in this case: delay in disciplinary proceedings (mitigator); remorse (mitigator); remoteness of prior offense (other than suspension); prior disciplinary offense (aggravator); substantial experience in the practice of law (aggravator).
Anne I. Seidel, Special Disciplinary Counsel, represented the Bar Association. Julie Gaisford represented Mr. Greenlee. The hearing officer was William Bergsten.
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