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Margaret A. Milnes (WSBA No. 15200, admitted 1985), of Talent, Oregon, was ordered to receive a reprimand on October 11, 2005, following a hearing. This discipline was based on her conduct in 2003 and 2004 involving lack of diligence and failure to adequately communicate with a client.
Ms. Milnes was hired by a guardian to represent a client in a discrimination case under a contingent fee arrangement. In July 2003, the case settled for $1,500, plus $750 for appointment of a guardian ad litem to approve the settlement. Ms. Milnes then moved to Oregon, but did not advise the client's guardian of the move or provide the adverse party's lawyer with her Oregon mailing address. In October 2003, Ms. Milnes sent the client's guardian an e-mail saying that she was behind on approving the settlement stipulation and that a guardian ad litem needed to be appointed. A guardian ad litem was appointed in late October 2003, but the guardian ad litem had trouble reaching Ms. Milnes, as did the lawyer for the adverse party. Ms. Milnes subsequently telephoned the client's guardian to tell her that another lawyer would complete the settlement, but she provided no contact information for this other lawyer or for herself, nor did she arrange for other counsel to represent the client. In February 2004, the client's guardian attempted to visit Ms. Milnes at her Washington office but discovered that it was closed with no forwarding address. The client's settlement was not finalized until March 2005.
Ms. Milnes's conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; and RPC 1.4(a), requiring a lawyer to keep a client reasonably informed about the status of a matter and to promptly comply with reasonable requests for information.
Nancy B. Miller represented the Bar Association. Ms. Milnes represented herself. Robert Hardy was the hearing officer. |