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Randy J. Fair (WSBA No. 22918, admitted 1993), of Moses Lake, was suspended for one year, effective October 29, 2003, by order of the Washington State Supreme Court, approving a stipulation. This discipline was based on conflicts of interest and trust-account issues in a marital dissolution matter in 2001 and a wrongful garnishment in 2002.
Matter 1: In 2001, Lawyer A worked in the same law office as Mr. Fair. Lawyer A represented clients in a real estate contract forfeiture action. On January 20, 2001, Lawyer A served Ms. R with a notice of forfeiture on two lots. Ms. R lived in a mobile home on these lots. Ms. R met with Lawyer A regarding the forfeiture. During this meeting, Ms. R expressed dissatisfaction with her dissolution lawyer. Lawyer A referred Ms. R to Mr. Fair. Ms. R told Mr. Fair that she wanted title to the two real estate parcels in the property division and explained that she was concerned about the forfeiture. Mr. Fair reviewed documents, including the forfeiture notice signed by Lawyer A. Mr. Fair did not explain to Ms. R that his office represented the sellers of the two lots in the forfeiture action. Mr. Fair did not obtain a written waiver of any actual or potential conflict of interest between these two representations.
Mr. Fair referred Ms. R to his brother, a CPA, to prepare a valuation of her husband's business for use in the dissolution matter. Mr. Fair did not explain or obtain a written waiver of any potential or actual conflicts of interest in referring the client to his brother.
In July 2001, Mr. Fair prepared, and the court signed, the final dissolution pleadings. The pleadings awarded Ms. R the two real estate parcels. Mr. Fair did not conduct a title search prior to finalizing the pleadings. The contract payments and property taxes were delinquent on both parcels, and the legal descriptions of these lots contained errors. Additionally, Mr. Fair used four-year-old financial and employment information to determine his client's child support.
In September 2001, Mr. Fair received $13,600 from the opposing client, for attorney's fees, and current and back-due child support. In October 2001, Mr. Fair wrote the client about this payment, but did not specify the amount received or the amounts he disbursed to his firm and to his brother.
In October 2001, Lawyer A filed notices of intent to forfeit the two real estate parcels. Mr. Fair reviewed these documents. Mr. Fair obtained Mr. R's signature on deeds quitclaiming his interest to Ms. R. The auditor rejected the quitclaim deeds because of back-due taxes and errors in the excise-tax affidavits. In January 2002, Mr. Fair, after being promoted to partner, withdrew from representing Ms. R, because his partner was "pursuing a foreclosure sale upon realty owned by you." The client was evicted from her mobile home.
Matter 2: Mr. Fair represented Ms. B in a marriage-dissolution action. The May 2002 decree required her former husband (H) to pay attorney's fees by April 10, 2003. The court's order provided that attorney's fees unpaid by May 2, 2003 would become a judgment and accrue interest. On appeal, Ms. B was awarded an additional $4,000, to be paid by November 22, 2002.
On September 11, 2002, Mr. Fair garnished H's bank account. Mr. Fair's affidavit did not explain that H could make these payments until November 2002 and May 2003. H retained counsel, who scheduled a hearing on the garnishment for November 15. H's counsel agreed to continue the hearing date at Mr. Fair's request. Counsel sent a letter to the court continuing the hearing, but the letter did not arrive until after the hearing on September 15. Mr. Fair attended the hearing and did not tell the court of his agreement to continue the hearing. Mr. Fair argued the motions on the merits, and the court denied H's motion and awarded Mr. Fair additional attorney's fees. The matter was settled after opposing counsel filed a motion for reconsideration.
Mr. Fair's conduct violated RPCs 1.7(a) and 1.10, by two lawyers associated in the same firm representing clients whose interests are directly adverse, unless the clients consent in writing after full disclosure; 1.7(b), by representing a client if the representation may be materially limited by the lawyer's responsibilities to a third person; 1.14, by failing to promptly deliver client funds upon request; 1.4(a), by failing to keep the client reasonably informed about the fees and costs disbursed from client funds; 1.4(b), by failing to explain to the extent necessary that Mr. Fair was holding child-support payments and that the client could challenge his removal of back-due child support; 1.3, by failing to diligently represent Ms. R; 3.1 and 3.3(f), by wrongfully garnishing Mr. B's bank account and failing to inform the court that he agreed to continue the hearing date.
Leslie Ching Allen represented the Bar Association. Leland Ripley represented Mr. Fair.
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