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Seattle lawyer Dennis Sullivan (WSBA No. 14640, admitted 1984) has been ordered to receive two reprimands and probation by the Disciplinary Board, which on December 10, 1997, approved his stipulation to discipline. The discipline is based on his failure to deposit unearned fee advances into a trust account and promptly deliver unearned advance deposits to his client. In addition, he failed to diligently represent clients and keep them reasonably informed in two separate matters.
In the first matter, Sullivan was hired in August 1993 to commence a collection lawsuit. He received a $750 advance-fee deposit, which he deposited into his firm’s general account instead of into a trust account as required by RPC 1.14. In February 1994, the same client re-hired Sullivan to commence and conduct supplemental proceedings to satisfy a judgment. The unearned advance-fee deposit from the previous lawsuit was to be used to finance the supplemental proceedings. Sullivan failed to pursue the supplemental proceedings for over three months. He finally drafted a motion and declaration for supplemental proceedings, but he did not appear on time at the supplemental proceedings, did not reschedule them, and did not keep his client informed about its status. Sullivan did not refund the unearned fees, despite a request from his client.
In another matter, Sullivan was hired in November 1995 to represent a client in a marital dissolution. Sullivan failed to timely file and disclose to opposing counsel the list of primary witnesses. As a result, the client incurred additional legal expenses. On September 18, 1996, Sullivan and his client participated in a mediation resulting in a settlement of various issues. The mediator sent a letter to the lawyers for both parties setting forth the substance of the settlement. After receiving the letter, Sullivan drafted and signed a Notice of Settlement to approve the settlement terms in the mediator’s letter, believing that the letter accurately reflected the substance of the settlement. Before disclosing the letter to his client, Sullivan filed and served the Notice of Settlement with the court and opposing counsel. After the Notice of Settlement was filed, the client received the mediator’s letter from Sullivan. The client, believing that the letter did not accurately reflect the substance of the settlement, fired Sullivan and hired new legal counsel. Sullivan’s actions in filing a Notice of Settlement was detrimental to the client’s attempt to persuade the court that the mediator’s settlement letter did not accurately reflect the settlement.
Sullivan’s actions violated RPC 1.14 (trust account rules), RPC 1.3 (duty of diligence), RPC 1.4 (duty to keep the client in the two matters reasonably informed), and RPC 1.2 (duty to abide by client’s decisions regarding settlement).
Sullivan represented himself. The Bar Association was represented by Disciplinary Counsel Jonathan Burke.
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