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Redmond lawyer Richard Dorn Atherton (WSBA No. 10970, admitted October 24, 1980) has been ordered to receive two reprimands pursuant to a stipulation for discipline, approved by the Disciplinary Board on September 30, 1998. This discipline is based on Mr. Atherton’s failure to diligently represent two clients and failure to keep the same two clients informed about the status of their cases.
In 1994, Mr. Atherton represented an out-of-state client in a child support modification action. On November 7, 1994, Mr. Atherton notified the client that a hearing was scheduled that day. Later that day, Mr. Atherton told the client that the client’s child support had been retroactively increased and the final hearing had been continued to December 15. The client asked for copies of the orders, but never received them.
Mr. Atherton failed to attend two status conferences and filed no pleadings after November 1994. On March 6, 1995, the court entered an order of default against Mr. Atherton’s client. The Commissioner noted on the order that if the client filed a response and paid opposing counsel $750.00 prior to 9 a.m. March 13, 1995, the default order would be vacated. Mr. Atherton never told his client about this order. On March 15 the Parenting Plan was entered and on April 18, the Order of Child Support was filed.
In March 1995, the client retained new counsel and discovered that terms/fees had been assessed against him on October 19, 1994 and that consideration of his pleadings at the November 17 hearing was conditioned on his prior payment of those terms/fees. He also learned of the default order, Parenting Plan and Order of Child Support. The client’s new counsel was able to vacate the default and other orders, except for the Parenting Plan and attorneys’ fees. The parties reached agreement and the case settled.
The client filed a malpractice action against Mr. Atherton in June 1997. The client obtained a default judgment that has not yet been paid.
In the second grievance, also in 1994, Mr. Atherton represented a client in a dissolution. Temporary orders were filed in April 1994. After July 1994, Mr. Atherton failed to perform any work on the client’s case. On October 19, 1994, the court entered an order of default. On January 4, 1995, the Court entered a De-cree, Parenting Plan and Order of Child Support. The client retained new counsel, who successfully set aside the default orders. The parties reached agreement. The client filed a malpractice action against Mr. Atherton and obtained a default judgment, which Mr. Atherton has paid.
During this time, Mr. Atherton suffered many personal and emotional problems. These problems mitigated the sanction to two reprimands. Mr. Atherton agreed to satisfy the client’s judgment as restitution.
By failing to file pleadings, attend court dates and prevent default orders, Mr. Atherton’s conduct violated RPC 1.3, requiring a lawyer to diligently represent his clients.
By failing to keep his clients informed of the status of their cases, Mr. Atherton’s conduct violated RPC 1.4(a).
Jean Kelley McElroy represented the Bar Association. Mr. Atherton represented himself.
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