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Joseph Y. Prather (WSBA No. 11525, admitted 1981), of Vancouver, was suspended for one year, effective May 14, 2008, by order of the Washington State Supreme Court following approval of a stipulation by the Disciplinary Board. This discipline is based on conduct in three matters involving charging unreasonable fees, failing to return clients’ funds, failing to act with reasonable diligence, lack of communication, and conflicts of interest.
Between June 22, 2005, and September 11, 2007, Mr. Prather engaged in the following conduct in five matters that gave rise to the discipline:
• Failure to refund unearned fees to three clients in three different matters when he had done little or no work of benefit to the clients;
• Attempt to make the return of a client’s fees contingent upon the client signing a memorandum of understanding, and not advising the client to seek independent representation;
• Failure to return $250 in advanced costs to a client when she requested it;
• Failure to obtain the entry of temporary orders in a client’s parentage action or to follow up on the child support hearing; failure to file another client’s petition for modification before her maintenance order expired; failure to file a petition to probate a client’s mother’s estate for over 15 months; and failure to file a client’s dissolution petition for over 45 days; and
• Failure to communicate with clients regarding the status of their cases and failure to inform two clients of the difficulties he was having in completing their matters in a timely manner.
Mr. Prather’s conduct violated former RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former 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 representation; RPC 1.5(a), requiring a lawyer’s fee to be reasonable; former RPC 1.14(b)(4) and current RPC 1.15A(f), requiring a lawyer to promptly pay or deliver to the client as requested by a client the funds, securities, or other properties in the possession of the lawyer which the client is entitled to receive; former RPC 1.15(d) and RPC 1.16(d), requiring a lawyer to take steps to the extent reasonably practicable to protect a client’s interests, such as refunding any advance payment of fee that has not been earned.
Francesca D’Angelo represented the Bar Association. Joseph J. Ganz represented Mr. Prather. |