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Diane L. VanDerbeek (WSBA No. 11884, admitted 1981), of Mercer Island, was disbarred, effective November 24, 2004, by order of the Washington State Supreme Court following a hearing. This discipline was based on her conduct over an extended period of time in the 1990s involving a pattern of billing misconduct. For additional information, see In re Discipline of VanDerbeek, 153 Wn.2d 64, 98 P.3d 444 (2004).
Ms. VanDerbeek opened a solo practice in family law in 1986. Her husband, who has a J.D. degree but never took the bar examination, managed her practice’s bookkeeping and accounting. In 1995, 28 former clients sued the VanDerbeeks for charging excessive fees. Ms. VanDerbeek signed a declaration in June 1996 declaring that she was in the process of changing her billing software to remedy client complaints about her billing practices. The lawsuit settled in 1996. Ms. VanDerbeek did not change her billing software until May 2000.
During the time period at issue, Ms. VanDerbeek engaged in the following conduct that established grounds for discipline:
• Intentionally charging excessive and unreasonable fees to 11 clients;
• Billing seven clients for attorney fees and costs incurred in attempting to collect the clients’ outstanding fees, where the fee agreement did not authorize her to charge for such activities;
• Recording attorney liens on the proceeds of the sales of real property owned by three clients in an attempt to coerce the clients into paying disputed fees, and charging those clients for fees and costs incurred in connection with placing the liens;
• Refusing to provide clients with itemized bills upon request and failing to keep back-up documentation in order to properly respond to such requests;
• Failing to supervise her firm’s nonlawyer bookkeeper/accountant to ensure that his billing practices, which included adding charges to client bills without explanation and billing legal assistant time at Ms. VanDerbeek’s rate, did not violate the Rules of Professional Conduct.
Ms. VanDerbeek’s conduct violated RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter and to promptly comply with reasonable requests for information; RPC 1.5(a), requiring that a lawyer’s fee be reasonable; RPC 5.3(a), requiring a lawyer to make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the conduct of nonlawyer employees or assistants is compatible with the professional obligations of the lawyer; RPC 5.3(b), requiring a lawyer with direct supervisory authority over a nonlawyer to make reasonable efforts to ensure that the nonlawyer’s conduct is compatible with the professional obligations of the lawyer; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
Jonathan H. Burke and Rebecca A. Neal represented the Bar Association. Kurt M. Bulmer represented Ms. VanDerbeek. Nancy K. McCoid was the hearing officer. |