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Robert S. Huff (WSBA No. 20507, admitted 1991), of Mountlake Terrace, received two reprimands on September 29, 2000, by order of the Disciplinary Board following approval of a stipulation. This discipline was based on conduct in two matters involving failure to provide competent representation, failure to act with reasonable diligence, failure to communicate, and engaging in conduct that is prejudicial to the administration of justice.
Matter #1: From December 1992 until February 1996, Mr. Huff represented a client and the client’s two children as plaintiffs in a personal injury matter filed in superior court. Mr. Huff believed he had settled the case, and accepted a check tendered in full settlement of the claims of his client and the two minor plaintiffs. The client intended to settle, and believed that she had settled, only her own claim. Upon learning that the settlement appeared to include her daughter’s claims, the client tried repeatedly to contact Mr. Huff. Mr. Huff failed to respond to the client’s attempts to inquire about the scope of the settlement. Mr. Huff disbursed the settlement proceeds despite the conditional tender on the part of the defendant lawyer, who required that the settlement documents be executed prior to disbursement. Mr. Huff also failed to obtain an order approving the minors’ settlement as required by SPR 98.16W. The lawsuit was dismissed by the clerk for want of prosecution. After the defendant’s lawyer sought to set aside the order of dismissal and obtain an order dismissing the case with prejudice on the grounds of accord and satisfaction, Mr. Huff sought appointment of a guardian ad litem to address the minors’ claims. The court reopened the case and appointed a guardian ad litem, but Mr. Huff failed to take any action to resolve the finality of the settlement or to pursue the claims of the minor children.
Matter #2: During the course of a disciplinary investigation, the Association determined it was necessary to investigate Mr. Huff’s trust account. After the audit, a Report of Examination (“Audit Report”) was issued covering the period October 1, 1991, through June 30, 1995 (“audit period”). The Audit Report identified a number of instances during the audit period of noncompliance with trust account rules, including failure to maintain adequate records of receipt, deposit, and disbursement of client funds.
Mr. Huff’s conduct violated RPC 1.1, requiring a lawyer to provide competent representation to a client; RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; RPC 1.14(a), requiring that all funds of clients paid to a lawyer or law firm be deposited in one or more identifiable interest-bearing trust accounts and maintained as set forth in the rules; RPC 1.14(b)(3), requiring a lawyer to maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to his or her client regarding them; RPC 3.2, requiring a lawyer to make reasonable efforts to expedite litigation; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
Douglas J. Ende represented the Bar Association. Kurt Bulmer represented Mr. Huff. |