| Description: |
Charles B. Allen (WSBA No. 9193, admitted 1979), of Bellevue, resigned in lieu of disbarment effective February 6, 2004. This resignation was based on his conduct in 2002, involving assisting a California estate-planning company in the unauthorized practice of law.
In July 2002, Mr. Allen agreed to associate with a California estate-planning company. Mr. Allen reviewed estate-planning documents completed by company representatives in the clients' homes. Mr. Allen knew that the company representatives were not lawyers and were not supervised by Washington lawyers. Mr. Allen also knew that these representatives gave legal advice to, and solicited services from, the clients. When Mr. Allen reviewed the clients' documents, either he or a staff member sometimes verified factual issues with the clients by telephone. Mr. Allen did not adequately ascertain whether the clients understood the terms or legal effect of the documents they signed. Some of the clients suffered actual harm because they purchased unnecessary or inappropriate living trusts or charitable remainder trusts. Mr. Allen did not advise these clients of the legal and financial consequences of the trust documents. Mr. Allen did not advise the clients of his business relationship with the estate-planning company. Mr. Allen required each client to sign a disclaimer stating "Charles B. Allen is not responsible for any claims arising from an invalid Trust, Will or Power of Attorney." Mr. Allen shared fees with the estate-planning company.
Mr. Allen's conduct violated RPCs 1.3, 1.4(a), and 1.4(b), requiring lawyers to diligently represent clients, keep them informed of the status of their matters, and explain matters to the extent reasonably necessary for clients to make informed decisions; 1.1, requiring lawyers to competently represent clients; 5.5(b), prohibiting lawyers from assisting the unauthorized practice of law; 5.4(a), prohibiting sharing fees with nonlawyers; 1.8(h), prohibiting making agreements prospectively limiting the lawyer's malpractice liability to clients, unless permitted by law and the client is independently represented; and 1.7(b), requiring lawyers to decline client representation if the representation may be materially limited by the lawyer's own interests.
Kevin Bank represented the Bar Association. Mr. Allen represented himself.
|