| Description: |
Kenneth R. Mitchell (WSBA No. 17401, admitted 1987), of Tacoma, was disbarred, effective July 8, 2002, by order of the Supreme Court following a hearing. This discipline is based on his conduct in 1999 and 2000, involving lack of diligence, failure to refund unearned fees, misrepresentation, and failure to cooperate with the disciplinary process.
Matter 1: In March 2000, Mr. Mitchell agreed to serve as the guardian ad litem (GAL) in a paternity action. On April 11, 2000, the parties sent Mr. Mitchell the relevant documents and a check for $250. On April 19, 2000 Mr. Mitchell’s license to practice law was suspended for 60 days. Mr. Mitchell did not complete the investigation or issue the GAL report. He failed to notify the parties of his suspension. The court removed Mr. Mitchell as GAL in the case. He did not refund the parties’ fees. Mr. Mitchell did not cooperate with the disciplinary investigation in this matter.
Matter 2: In 1999, Mr. Mitchell agreed to assist clients in enforcing an oral loan and written promissory note executed by their daughter and former son-in -law. In June 1999, the clients sent Mr. Mitchell $1000 and provided information about the debtors’ employer and property. Mr. Mitchell filed the clients’ lawsuit, and in December 1999, the court granted them a $25,592.63 default judgment. The clients asked that Mr. Mitchell take immediate actions to collect the judgment, because they believed the son-in-law would try to avoid paying by selling his assets, Mr. Mitchell told the clients that he had filed a lien on the son-in-law’s Snohomish County property. The clients visited the courthouse and discovered that Mr. Mitchell had not filed a lien. Mr. Mitchell scheduled supplemental proceedings for April 11, 2000, but they were continued to April 19, 2000 when the debtors retained counsel. The Supreme Court suspended Mr. Mitchell’s license to practice law effective April 19, 2000. Mr. Mitchell did not conduct the supplemental proceeding and did not inform his clients of his suspension. The clients learned of Mr. Mitchell’s suspension from another lawyer in his office and retained substitute counsel. Mr. Mitchell failed to cooperate with Disciplinary Counsel’s investigation of this matter.
Mr. Mitchell’s conduct violated RPCs 8.4(d), prohibiting conduct prejudicial to the administration of justice; 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation; 1.3, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to keep their clients reasonably informed of the status of their matters; 1.14(b), requiring lawyers to promptly pay client funds to clients, upon request; RLD 8.1(c), requiring lawyers to notify their clients of license suspensions; and RLD 2.8, requiring lawyers to cooperate with grievance investigations.
Marsha Matsumoto represented the Bar Association. Mr. Mitchell represented himself. Douglas Dunham was the Hearing Officer.
|