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Andrew G. Burnfield (WSBA No. 4271, admitted 1964), of Seattle, 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 sharing of legal fees with a nonlawyer, assisting in the unauthorized practice of law, and conflict of interest from 1999 to 2000.
On January 7, 2000, Mr. M, an insurance agent for an estate-planning group, met with Mr. D and his wife and provided them with information to complete an estate-planning application and a revocable living-trust package. Mr. M collected $1,495 from the Ds, and contacted Mr. Burnfield, who did not have a prior relationship with the Ds.
On January 11, 2000, Mr. Burnfield contacted Mr. D to discuss the revocable living-trust package. On January 18, Mr. Burnfield received a $600 check from Mr. M. Shortly thereafter, Mr. Burnfield drafted two wills, a trust, and two medical power-of-attorney forms, based on the information given to him by Mr. M. Mr. Burnfield had several telephone contacts with Mr. D in late January and February, and during this time Mr. D expressed doubts about his and his wife’s need for a revocable living trust.
On February 25, during a phone call, Mr. Burnfield informed Mr. M that the Ds were ready to sign the living-trust documents. On February 28, Mr. Burnfield and Mr. M visited the Ds, who signed the documents. In late March, the Ds’ daughter contacted Mr. Burnfield to request a refund of the money her parents paid for the estate-planning documents. Mr. Burnfield refused, and directed the daughter to Mr. M.
Between April and June 2000, Mr. Burnfield continued to work on the trust, twice visiting the Ds’ home to discuss the transfer of assets. On July 10, Mr. D wrote to Mr. Burnfield stating he did not want to have any further dealings with him, and requesting a refund. Mr. Burnfield wrote back that he would not further contact Mr. D, but would assist him in transferring assets if he changed his mind
On September 2, 2000, Mr. M refunded $895 to Mr. D and informed him the remaining $600 was paid to Mr. Burnfield as a retainer. On March 9, 2001, Mr. Burnfield returned $100 of the payment, stating he had held the $100 to cover filing costs for the trust. The Ds had not requested his services to transfer the assets for the trusts.
Between April 1999 and July 2000, Mr. M sent 12 applications from purchasers of estate-planning packages to Mr. Burnfield. In each case, Mr. M collected the fee from the purchaser, Mr. Burnfield drafted the trust documents, and Mr. M sent Mr. Burnfield a check for providing these services. Mr. Burnfield did not disclose to any of the clients that he had a continuing business relationship with Mr. M. Mr. Burnfield did not obtain written consent from the clients indicating they were informed of his continuing business relationship with Mr. M and still wished to be represented by Mr. Burnfield.
Mr. Burnfield’s conduct violated RPCs 5.4(a), stating that lawyers shall not share legal fees with nonlawyers; 5.5(b), stating that lawyers shall not assist persons who are not members of the Bar in the performance of activity that constitutes the unauthorized practice of law; 1.7(b), stating that lawyers shall not represent a client if the representation of that client may be materially limited by the lawyer’s responsibilities to a third person; and 1.8(f), stating that a lawyer shall not accept compensation for representing a client from someone other than the client.
Mark F. Rising and Kevin Bank represented the Bar Association. Mr. Burnfield represented himself.
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