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Dennis G. Ott (WSBA No. 12172, admitted 1981), of Kelso, received a reprimand on May 10, 2002, based on a stipulation approved by the Disciplinary Board in January 2002. This discipline is based on his failure to abide by a client’s decisions, failure to act with reasonable diligence, and failure to keep clients reasonably informed about the status of their matters from 1999 to 2000.
The Fs hired Mr. Ott on April 22, 1999 to initiate a nonjudicial foreclosure sale on real property in Pacific County. The clients instructed Mr. Ott to proceed with the sale immediately. On April 23, Mr. Ott sent the buyers a letter informing them that the Fs had retained him to initiate a foreclosure of their interests on the property. Mr. Ott did not cause a notice of default to be issued and posted on the property until June 10. Mr. Ott executed a notice of trustee sale on July 14, and set the date of the trustee’s sale for October 14. The notice was legally deficient because Mr. Ott had not been appointed successor trustee of the deed of trust and he set the sale in Cowlitz County, though no part of the property is in that county.
On August 26, the buyers filed bankruptcy, Mr. Ott received notice, and the bankruptcy court set the meeting of creditors for October 6, 1999. The Fs did not learn of the bankruptcy proceeding until October 8, when they called Mr. Ott’s office and spoke to his secretary. On the same day, they wrote Mr. Ott a letter shortly after inquiring about the bankruptcy. Mr. Ott did not respond to either the call or the letter. Although Mr. Ott was notified, he did not attend the meeting. Mr. Ott did not advise the Fs that through the bankruptcy they might have a right to the money the buyers collected as rent and/or to the personal property the buyers removed from the property.
On December 20, 1999, Mr. Ott obtained a second notice of resignation and appointment of successor trustee, but he failed to record the notice. Even though Mr. Ott lacked the statutory authority to act, he initiated a second foreclosure proceeding on December 28 by mailing and serving a second notice of default on the buyers. By letters dated January 10 and 28, 2000, Mr. Ott erroneously informed the Fs that the notice of resignation and appointment of successor trustee was in effect and the foreclosure was progressing on schedule.
On January 28, Mr. Ott signed and processed a second notice of trustee sale. The notice contained a typographical error setting the trustee’s sale for Sunday rather than Friday as required by RCW 61.24.040. The notice of trustee sale was deficient because Mr. Ott failed to follow the time requirements in the statute and failed to publish the notice in a newspaper. In April, Mr. Ott billed the Fs $1,320 in additional attorney’s fees. Mr. Ott voluntarily refunded the original retainer and wrote off the additional bill.
Mr. Ott’s conduct violated RPCs 1.2, requiring lawyers to abide by clients’ decisions concerning the objectives of representation; 1.3, requiring lawyers to act with reasonable diligence and promptness in representing clients; and 1.4, requiring lawyers to keep clients reasonably informed about the status of their matters and promptly comply with any reasonable requests for information.
William D. Robison and Anthony Butler represented the Bar Association. Leland G. Ripley represented Mr. Ott.
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