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Lawyer Kenneth Turcotte (WSBA No. 23449, admitted 1993) has been ordered to receive a reprimand and probation pursuant to a stipulation approved by the Disciplinary Board of the Washington State Bar Association on December 10, 1997. The discipline is based upon Turcotte’s violation of RPC 1.3, RPC 1.4, and RPC 8.4(c) in five separate matters.
In one matter, Turcotte was hired in August 1995 to represent a client in a lawsuit. He filed a summons and complaint on behalf of his client but failed to hire a process server to effectuate personal service on the defendant. Turcotte misrepresented to his client on two occasions that service of process had been effectuated on the defendant when it had not.
In a second matter, Turcotte was hired in May 1996 to commence foreclosure on a note and deed of trust. Turcotte obtained summary judgment on his client’s note and deed of trust. He took no further action to schedule and proceed with a sheriff’s sale on the subject property. He misrepresented to his client that the sheriff’s sale was completed when it was not. Turcotte misrepresented the delay of the sheriff’s sale to his client on two more occasions.
In a third matter, a lawyer hired Turcotte in May 1996 to assist as co-counsel in a matter involving an appeal of a permit denial. The lawyer directed Turcotte to schedule a hearing for the appeal, but Turcotte never scheduled the hearing. Turcotte misrepresented to the lawyer that he had scheduled the hearing.
In a fourth matter, Turcotte was hired in May 1996 to commence probate proceedings. He never commenced probate proceedings and failed to safekeep the original will and vehicle title. Turcotte misrepresented to his client that the probate proceedings had been commenced.
In a fifth matter, Turcotte was assigned by other lawyers at his law firm to handle the witnessing of a client’s will in July 1996. He failed to obtain the attestation of the witnesses for the will. In November 1996, Turcotte left the law firm where he practiced and never followed up on the firm’s request that he obtain attestation.
Turcotte’s conduct in these five matters violated RPC 1.3 (lack of diligence), RPC 1.4 (failure to keep client reasonably informed), and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation).
Respondent represented himself. The Bar Association was represented by Disciplinary Counsel Jonathan Burke.
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