Discipline Notice - Charles A. Kimbrough

License Number: 134
Member Name: Charles A. Kimbrough
Discipline Detail
Action: Reprimand
Effective Date: 1/10/2007
RPC: 1.3 - Diligence
1.4 - Communication
8.4 (c) - Dishonesty, Fraud, Deceit or Misrepresentation
8.4 (l) - Violate ELCs
Discipline Notice:
Description: Charles A. Kimbrough (WSBA No. 134, admitted 1965), of Bellevue, was ordered to receive four reprimands on January 10, 2007, by order of the hearing officer. This discipline was based on conduct involving lack of diligence in a client matter, failure to communicate, misrepresentations to a client, and non-cooperation in a Bar Association investigation.

Between 1999 and 2005, Mr. Kimbrough engaged in the following conduct while representing a client in an employment discrimination matter:

• Negligently failing to provide the opposing party’s counsel with a signed settlement and release agreement, and failing to finalize a settlement with the opposing party before the case was dismissed;
• Negligently failing to keep his client reasonably apprised of the status of the case, including that it had been dismissed without prejudice and before the settlement was finalized;
• Negligently misleading his client into believing that the settlement had been finalized when it had not; and
• Negligently failing to timely respond to the grievance subsequently filed by the client with the Bar Association.

Mr. Kimbrough’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former RPC 1.4(a), requiring a lawyer to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and RPC 8.4(l), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct in connection with a disciplinary matter (here, ELC 5.3(e)).

Michael D. Hunsinger represented the Bar Association. Leland G. Ripley represented Mr. Kimbrough. William S. Bailey was the hearing officer.


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