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Michael R. Hutton (WSBA No. 5673, admitted 1974), of Seattle, was suspended for three years, effective January 31, 2005, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct in 2002 and 2003 involving lack of diligence, failure to communicate with clients, failure to deposit client funds into a trust account, retention of unreasonable fees, sexual relations with a client, and failure to cooperate with disciplinary investigations.
Matter 1: In 2002, Client A hired Mr. Hutton to reinstate the client’s right to own a firearm. The client paid a $500 advance fee deposit by check. Mr. Hutton did not deposit the sum into a trust account. Between July 2002 and October 2003, the client telephoned Mr. Hutton approximately 20 times for information, but he was able to speak with Mr. Hutton on only four occasions. The client had no contact with Mr. Hutton after March 2003. Mr. Hutton did not perform any work on the client’s matter. Mr. Hutton did not respond to disciplinary counsel’s requests for information about the client’s grievance.
Matter 2: In 2002, Client B hired Mr. Hutton to represent her in a pending dissolution of marriage proceeding. The client gave Mr. Hutton a rifle as an advance fee payment, because she had no money to pay a fee. Mr. Hutton assisted the client with responding to the dissolution petition but performed no other work on the matter. In 2003, the client paid Mr. Hutton with money received from a tax refund. Mr. Hutton did not deposit the payment into a trust account. The client gave Mr. Hutton dissolution documents to review. After that meeting, the client repeatedly telephoned Mr. Hutton, but he did not return the calls or contact the lawyer for the opposing party as the client had requested. Mr. Hutton did not provide a prompt, full, and complete response to disciplinary counsel’s requests for information about the client’s grievance.
Matter 3: In 2002, Client C hired Mr. Hutton to set aside the client’s plea of guilty to a felony conviction. The client paid Mr. Hutton in cash, but Mr. Hutton did not deposit the sum into a trust account. Mr. Hutton failed to file any documents prior to the deadline for moving to withdraw the plea, failed to take any other steps to collaterally attack the conviction, and did not discuss the matter with the client. Subsequently, Mr. Hutton persuaded the client to have sexual relations with him. In January 2003, after the client refused to continue the sexual relationship, Mr. Hutton did no further work on the matter. Mr. Hutton did not provide a prompt, full, and complete response to disciplinary counsel’s requests for information about the client’s grievance.
Mr. Hutton’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4, requiring a lawyer to keep the client reasonably informed about the status of a matter and to explain a matter to the extent reasonably necessary to permit the client to make informed decisions; RPC 1.5(a), requiring that a lawyer’s fee be reasonable; RPC 1.7(b), prohibiting a lawyer from representing a client if the representation of that client may be materially limited by the lawyer’s own interests; RPC 1.8(k), prohibiting a lawyer from having sexual relations with a current client; RPC 1.14(a), requiring a lawyer to deposit client funds into a trust account; and RPC 8.4(l), prohibiting a lawyer from violating a duty imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(e), requiring a lawyer to promptly respond to any inquiry or request for information relevant to grievances).
Nancy Bickford Miller represented the Bar Association. Mr. Hutton represented himself. Erik S. Bakke Sr. was the hearing officer. |