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James R. McLees (WSBA No. 2785, admitted 1962), of Sumner, was suspended for two years, following a stipulation, by order of the Supreme Court, effective July 2, 2002. Mr. McLees also agreed to submit his resignation to WSBA and never apply to return to active status. This discipline is based on his failure to properly account for and deliver client funds in 1992.
In 1989, Mr. McLees agreed to represent a client in a personal injury claim and the related Labor and Industries (L & I) matter. In June 1991, Mr. McLees filed the client’s personal injury lawsuit. He did little work on the L& I matter. L& I paid the client time loss and then a partial permanent disability (PPD) payment. Between April and December 1992, Mr. McLees deposited the client’s PPD payments into his trust account and withdrew the funds. Mr. McLees did not advise his client that he had received the checks or withdrawn the funds. In December 1992, the client settled the personal injury lawsuit. Mr. McLees paid himself more than the agreed amount in attorney’s fees. In 1996, the client learned that Mr. McLees had received the client’s L&I payments. The client filed a civil lawsuit and received a $21,817.65 judgment against Mr. McLees. At the time of the stipulation, Mr. McLees had paid only $78.83 of the judgment.
Mr. McLees’s conduct violated RPCs 1.14, requiring lawyers to notify clients of receipt of client funds, render appropriate accountings and promptly deliver client funds upon request; 1.5, requiring lawyers to charge reasonable fees; 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation; and 1.4, requiring lawyers to keep clients reasonably informed of the status of their matters.
Gibby Stratton and Joanne Abelson represented the Bar Association. Kurt Bulmer represented Mr. McLees.
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