Discipline Notice - Kevin M. Healy

License Number: 21797
Member Name: Kevin M. Healy
Discipline Detail
Action: Reprimand
Effective Date: 6/16/2003
RPC:
Discipline Notice:
Description: Kevin M. Healy (WSBA No. 21797, admitted 1992), of California, was reprimanded, effective June 9, 2003, by order of the Washington State Supreme Court, based on an order for identical discipline from the Supreme Court of the State of California. This discipline is based on his conduct in 2001 involving failure to promptly pay client funds to the client upon request. (Mr. Healy is to be distinguished from Kevin G. Healy of Seattle.)

In September 2000, Mr. Healy received a settlement check made payable to both Mr. Healy and the client. He mailed the check to the client, asking that she endorse the check and return it to him for processing in his trust account. The client disputed Mr. Healy's fees and retained new counsel instead of returning the check. The check was deposited into the new counsel's trust account. Mr. Healy refused to endorse the check unless the new counsel agreed to make no disbursements without Mr. Healy's agreement. The new counsel agreed, believing that the dispute would be resolved quickly. Mr. Healy never disputed that the client was entitled to at least $70,000 of the settlement funds. Mr. Healy refused to agree to release the undisputed funds until about January 2002.

Mr. Healy's conduct violated Rule 4-100 (B)(4) of the California Rules of Professional Conduct, requiring lawyers to promptly pay client funds to clients upon request.

Joanne Abelson represented the Bar Association. Mr. Healy represented himself.


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