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Gerald G. Burke (WSBA No. 17773, admitted 1988), of Tacoma, was ordered to receive reprimand on September 24, 2004, following a hearing. This discipline was based on his conduct in 1995 involving the communication of incorrect information to a client about the amount of fees owed. (Mr. Burke is to be distinguished from Jerry L. Burk of Yakima.)
Commencing in December 1992, Mr. Burke represented clients in a lawsuit alleging employment discrimination. The fee agreement required payment of an initial $10,000 fee to commence the representation. The agreement specified a $125-per-hour rate of compensation for attorney fees, but further specified that payment of any attorney fees incurred beyond $10,000 was contingent on Mr. Burke obtaining a monetary recovery in the lawsuit. In addition to paying the $10,000, over the course of the representation the clients advanced sums to Mr. Burke to be disbursed for costs, which he deposited into his trust account.
In August 1995, Mr. Burke wrote the clients stating that the $10,000 fee had been fully expended and additional fees and costs were continuing. He further stated that, although the initial $10,000 had been earned, he was continuing to work on the case in anticipation of all legal fees being paid. He indicated that a total of $19,355.90 in attorney fees and costs had been expended, enclosed a document titled “Time Account” indicating that he had accrued $18,587.50 in attorney fees and $768.40 in costs, and he asked the clients to meet with him in order to “reach some agreement as to how the outstanding balance will be addressed.” Neither the letter nor the Time Account reflected any offset for the client’s prior payments nor did either credit the clients with amounts held in Mr. Burke’s trust account. The clients interpreted Mr. Burke’s letter as a request for payment of additional attorney fees that were not then due under the fee agreement.
When the clients failed to meet with him, Mr. Burke terminated the representation and withdrew. Approximately one year later, the clients obtained a new lawyer, who settled their claim in March 1998.
Mr. Burke’s conduct violated RPC 1.4, requiring a lawyer to keep a 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.
Douglas J. Ende and Joy B. McLean represented the Bar Association. Mr. Burke represented himself. Teena M. Killian was the hearing officer. |