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Steven J. O’Neill (WSBA No. 21108, admitted 1991), of Monson, MA, was ordered to receive a reprimand on February 15, 2005, following a stipulation approved by a hearing officer. This discipline was based on his conduct in 1999 and 2000 involving the failure to provide clients with adequate notice of withdrawal. (Mr. O’Neill is to be distinguished from Stephen F.X. O’Neill of Blaine.)
Commencing in August 1999, Mr. O’Neill represented clients in a lawsuit arising from defective construction of a rock wall in the clients’ backyard. The clients paid Mr. O’Neill $2,500 as an advance fee deposit.
In September 1999, Mr. O’Neill filed a lawsuit against the contractor and its bonding company. At a June 2000 status conference, the matter was continued to October 2000 unless a confirmation of joinder, a statement of arbitrability, or a dismissal was filed before September 28, 2000.
Mr. O’Neill met with the clients in July 2000. As a result of that meeting, Mr. O’Neill believed that he had been terminated as counsel because the clients left with their file materials. The clients, however, did not intend to fire Mr. O’Neill and believed that he was still their lawyer.
Mr. O’Neill never filed a notice of withdrawal and never provided the clients with written notice that he was no longer their lawyer. In September 2000, the clients paid Mr. O’Neill additional legal fees of $355.69.
On October 5, 2000, the court dismissed the lawsuit without prejudice, because Mr. O’Neill did not appear at the status conference. Mr. O’Neill received a copy of the dismissal notice from the court. The clients did not receive a copy of the notice from him. The clients learned the case was dismissed in September 2001 after examining the court file.
Mr. O’Neill’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, and RPC 1.15(d), requiring that a lawyer take reasonably practicable steps to protect a client’s interests upon termination of representation.
Joanne S. Abelson represented the Bar Association. Kenneth S. Kagan represented Mr. O’Neill. Margarita V. Latsinova was the hearing officer. |