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Thomas J. Brothers (WSBA No. 9653, admitted 1980), of Lynnwood, was suspended for 1 year and reprimanded, effective June 12, 2003 by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct in an estate matter in 1996.
In 1994, Mr. Brothers prepared a living trust for Ms. H. In 1996, Mr. Brothers created an irrevocable living trust for the client, naming one of her two sons as the trustee and leaving all of the property to him. In 1996, Ms. H decided to sell her home. Mr. Brothers discovered that in 1990, Ms. H had conveyed her home to another living trust created earlier by another lawyer. Ms. H wanted the home transferred from the earlier trust to the 1996 trust. On July 2, 1996, Mr. Brothers and the trustee entered into a fee agreement for the property transfer. The written fee agreement stated that the fee would be one third the value of the house for “all necessary legal services to clear title.” Mr. Brothers’ paralegal prepared a quit claim deed and a request for distribution of $36,663. The client signed these documents. On July 29, 1996, Mr. Brothers deposited the $36,663 into his trust account and then distributed the fee to himself and his paralegal. At this same time, Mr. Brothers charged other clients $50 to prepare quit claim deeds. Just after the disciplinary hearing, Mr. Brothers sent the trustee a full refund with interest.
Mr. Brothers’ conduct violated RPCs 1.5, requiring lawyers fees to be reasonable.
Henry Jameson and Randy Beitel represented the Bar Association. Leland G. Ripley represented Mr. Brothers. Thomas J. Green was the hearing officer.
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