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John A. McKerricher (WSBA No. 8488, admitted 1978), of Chehalis, was ordered to receive a reprimand on May 23, 2005, following a stipulation approved by a hearing officer. This discipline was based on his conduct in 1992 and 1993 involving conflicts of interest.
In 1992, one of Mr. McKerricher’s existing clients received a summons and complaint arising out of a California lawsuit. Mr. McKerricher incorrectly advised the client that there were 60 days to answer the complaint when, in California, only 30 days were allowed. The plaintiff in the case obtained a judgment against Mr. McKerricher’s client and filed a lien against the client’s property in Mossyrock, Washington. In September 1992, while still representing the client, Mr. McKerricher purchased 17 acres of the Mossyrock property from the client. The client subsequently sold additional acres, which satisfied some of the lien, leaving a lien of approximately $10,000 on the property now owned by Mr. McKerricher.
In June 1993, the client signed an agreement with Mr. McKerricher and his firm releasing all claims that the client had against Mr. McKerricher and his firm arising out of the California lawsuit in exchange for the firm’s payment to the client of $2,500, satisfaction of all of the client’s accounts receivable with the firm, and a credit for future legal services in the amount of $2,294.83, for a total settlement of $7,500. The agreement was negotiated by another member of Mr. McKerricher’s firm. The client was not represented by independent counsel in connection with the release, and Mr. McKerricher and his firm did not advise the client that independent representation was appropriate. In April 1995, Mr. McKerricher notified the client that the firm would no longer represent him and that the client would have to pay off the $10,000 lien on Mr. McKerricher’s Mossyrock property to avoid Mr. McKerricher’s purchase of the lien and execution against another parcel of property owned by the client.
Mr. McKerricher did not obtain the client’s written consent to any potential conflict of interest with respect to any of these transactions.
Mr. McKerricher’s conduct violated 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, unless the lawyer reasonably believes the representation will not be adversely affected and the client consents in writing after a full disclosure of material facts; and RPC 1.8(h), prohibiting a lawyer from settling a claim for malpractice liability with an unrepresented client or former client without first advising that person in writing that independent representation is appropriate in connection therewith.
Sachia Stonefeld Powell represented the Bar Association. Mr. McKerricher represented himself. Moses F. Garcia was the hearing officer. |