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Cathy L. Guthrie (WSBA No. 21774, admitted 1992), of Everett, received a reprimand on October 18, 2002, following a stipulation approved by the Disciplinary Board in May 2002. This discipline is based on her removing disputed funds from her trust account in one matter in 2001. Ms. Guthrie agreed to resolve the fee dispute by WSBA Fee Arbitration of other means.
Ms. Guthrie represented a client in a dissolution action. In November 2000, the client terminated the representation and Ms. Guthrie asked the client to make payments on her bill. In December 2000, when the client did not make payments, Ms. Guthrie filed an attorney’s lien. Pursuant to the dissolution decree, opposing counsel forwarded a $2,500 spousal maintenance check to Ms. Guthrie to cover the lien. The check was made out to both the client and Ms. Guthrie. The client disputed some of the billed amounts. Ms. Guthrie and the client disagreed about the amount of the check Ms. Guthrie should receive. In May 2001, Ms. Guthrie deposited the check into her trust account without the client’s endorsement. Later that month, without the client’s authorization, Ms. Guthrie disbursed $2,418 to herself and the remaining $82 to the client. After the client filed a grievance, and at disciplinary counsel’s suggestion, Ms. Guthrie returned the disputed funds to her trust account.
Ms. Guthrie’s conduct violated RPC 1.14(a), prohibiting lawyers from withdrawing disputed funds from the trust account without establishing entitlement to the funds.
Randy Beitel represented the Bar Association. Kurt Bulmer represented Ms. Guthrie.
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