Discipline Notice - Richard J. McKay

License Number: 19987
Member Name: Richard J. McKay
Discipline Detail
Action: Suspension
Effective Date: 1/22/2003
RPC: 1.14 - (prior to 9/1/2006) Preserving Identity of Funds and Property of a Client
1.15 - (prior to 9/1/2006) Declining or Terminating Representation
1.4 - Communication
Discipline Notice:
Description: Richard McKay (WSBA No. 19987, admitted 1990), of Venice, Florida, was suspended for one year, following a stipulation to discipline, by order of the Supreme Court, effective January 22, 2003. This discipline is based on his failure to protect two clients’ property and interests upon closing his office in 2000 and 2001.
Matter 1: In April 2001, Mr. McKay represented the defendant in a district court lawsuit. Following a trial, the court awarded the plaintiff $13,981.30. Mr. McKay told the client that she could appeal, but that he would not handle the appeal. Mr. McKay did not notify the client of the date for presentment of the judgment. The client learned of the date through her own efforts. She decided not to appeal and paid the judgment. The client tried to contact Mr. McKay to pay her bill and pick up her file. The client was not able to contact Mr. McKay. Mr. McKay’s son tried unsuccessfully to locate the client’s file. Mr. McKay did not cooperate with disciplinary counsel’s requests for information on this matter.
Matter 2: In May 2000, Mr. McKay agreed to represent a client in a breach of contract case. The client paid a $1,000 advance fee deposit. Mr. McKay did not file the client’s lawsuit. The client learned that Mr. McKay planned to retire and wrote a letter requesting his file and an accounting of his fee deposit. Mr. McKay did not respond to the client’s letter. In September 2002, Mr. McKay sent disciplinary counsel a money order payable to the client twelve days prior to the scheduled hearing date. Mr. McKay did not cooperate with disciplinary counsel’s requests for information on this matter.
Mr. McKay’s conduct violated RPCs 1.4, requiring lawyers to keep clients reasonably informed about the status of matters and promptly comply with reasonable requests for information; 1.14(b)(4), requiring lawyers to promptly pay or deliver client funds upon request; and 1.15(d), requiring lawyers, upon termination of representation, to take reasonable steps to protect a client’s interests.
Linda Eide represented the Bar Association. Mr. McKay represented himself.


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