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John C. Caldwell (WSBA No. 28831, admitted 1999), of Mill Creek, was suspended for ninety days, following a stipulation, by order of the Supreme Court, effective May 30, 2002. This discipline is based on his failure to properly handle client funds in 2000.
Matter 1: In April 2000, Mr. Caldwell agreed to represent a client in a criminal appeal. The client’s sister paid Mr. Caldwell $10,000, which, Mr. Caldwell deposited into his personal account. Mr. Caldwell did not prepare a written fee agreement. Mr. Caldwell filed a Notice of Appeal and paid the $250 filing fee. Mr. Caldwell met with the client twice at the correctional facility. In August, the client’s new lawyer sent Mr. Caldwell a notice of substitution. The client’s sister requested that Mr. Caldwell refund her fees. Mr. Caldwell stipulated that he earned $1,000, but has not had the funds to return the sister’s $9,000.
Matter 2: In late 1999 or early 2000, Mr. Caldwell advised a client about a business purchase. During this meeting, the client gave Mr. Caldwell original documents, including the original purchase and sale agreement. In June 2000, Mr. Caldwell left his law firm, took the client’s file with him and stored it in a drawer in his residence. On July 15, 2000, the client asked Mr. Caldwell to return his file. Mr. Caldwell was not able to locate the file and has not returned the client’s original documents.
Mr. Caldwell’s conduct violated RPCs 1.14(b)(4), requiring lawyers to promptly deliver client funds upon request; 1.14(a), requiring lawyers to deposit client funds into a trust account; and 1.15(d), requiring lawyers to take reasonable steps to protect clients’ interests upon withdrawal from representation.
Kevin Bank represented the Bar Association. Mr. Caldwell represented himself.
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