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John K. McIlhenny Jr. (WSBA No. 32195, admitted 2002), of Olympia, was ordered to receive a reprimand, by order of the Washington State Supreme Court, effective July 13, 2004, imposing reciprocal discipline based on an order from the state of Oregon. This discipline was based on his actions in 2002, involving an error determining the character of funds received.
Mr. McIlhenny represented a client in a marriage-dissolution matter. The court awarded the client a judgment lien on real property. In April 2002, Mr. McIlhenny filed an attorney lien against the real property judgment lien. The client disputed the amount of fees owed to Mr. McIlhenny. Mr. McIlhenny agreed, at the client’s request, to maintain the disputed funds until the dispute was resolved. In May 2002, the judgment lien was paid in two separate checks — one made out to Mr. McIlhenny and the other to the client. Mr. McIlhenny wrote the client a letter asking how she wished to disburse the funds. The client communicated with the lawyer, but not on the fee issue. In June 2002, Mr. McIlhenny sent the client the check made out to her order and also told her that he had applied the second check to her account. Mr. McIlhenny mistakenly believed that the check written to him was not “funds of a client paid to the lawyer” and, therefore, did not have to be placed in the trust account.
Mr. McIlhenny’s conduct violated Oregon Code of Professional Responsibility DR 9-101(A), requiring lawyers to deposit and maintain client funds in a trust account.
Felice Congalton represented the Bar Association. Mr. McIlhenny represented himself. |