Motion for Discretionary Review - Probate Matter

June 5, 2024 - Motion for Discretionary Review 

Source: TV Washington https://tvw.org/video/division-2-court-of-appeals-2024061090/?eventID=2024061090

The Court of Appeals Division 2 heard my motion for discretionary review, which centers on whether Pierce County Superior Court has the authority to scrutinize a personal representative's deed that was executed under the jurisdiction of King County Superior Court.

As the petitioner, I am fighting to overturn the continuance orders issued by Pierce County Superior Court. My argument is straightforward: no proceedings should take place without explicit permission from King County Superior Court, which has exclusive jurisdiction over my late mother's estate.

I firmly believe that Pierce County’s actions are not only invalid but also inappropriate, as they go against the standing orders from King County. All actions related to the estate must be approved by Commissioner Henry Judson of King County.

Supporting my position, my sister shared the personal and financial toll the ongoing litigation has inflicted on our family. She stressed the importance of adhering to King County's jurisdictional orders. She emphasized the need for family reunification and highlighted the detrimental impact of the continued legal battles orchestrated by the opposing counsel.

Christopher M. Constantine, associated with Ken Luce of Luce & Associates, represented the opposing side, the belief the surviving spouse gets everything by defending the interests of James Mickelson. He argued the validity of the community property agreement and the necessity for Pierce County to examine the personal representative's deed.

Mr. Constantine claimed that I misinterpreted the scope of the King County order and maintained that Pierce County has the right to review the deed in question.

I reiterated the jurisdictional error and explained my inability to file electronically due to restrictions in Pierce County.

The commissioner acknowledged the complexity of the case, noting the involvement of numerous judicial officials. The decision will be issued in a written ruling after considering all arguments presented. The court's forthcoming decision will determine the next steps in resolving the estate's legal disputes and will hopefully bring clarity to this convoluted situation.

Complaint: Sharon Rheinschild Unauthorized Practice of Law Washington State May 18, 2024

May 18, 2024

Dear Washington State Practice of Law Board,

I am writing to file a formal complaint against Sharon Rheinschild for engaging in the unauthorized practice of law. Attached to this email, please find my completed Unauthorized Practice of Law (UPL) Complaint Form in PDF format.

On April 18, 2024, during a hearing in the Superior Court of Pierce County, Washington (Cause Number: 16-4-00861-8), Sharon Rheinschild, a paralegal for Kenyon E. Luce, appeared on behalf of Mr. Luce, despite not being authorized to practice law. Audio of hearing below: 

Mr. Luce did not attend the hearing or give proper notice of his absence. Instead, Ms. Rheinschild represented his motion as mine, which the court had to correct. She cited Mr. Luce’s doctor's appointment as the reason for his absence. Proper procedure would have been for Mr. Luce to file for a continuance or make appropriate arrangements, rather than sending someone unauthorized to practice law. This raises significant concerns about Mr. Luce's character and fitness, especially considering his advanced age and possible senility.

Furthermore, there is an additional concern regarding the "unofficial" appearance of Kenyon E. Luce for Erik and Scott Michelson (sic, Mickelson) in legal matters. It is troubling to presume that Sharon Rheinschild might be behind such actions, possibly filing documents without running them by Mr. Luce. This questionable practice results in a bar complaint against Mr. Luce and puts Erik and Scott Mickelson in a precarious position, risking the loss of their land.

This situation underscores the need for thorough investigation to ensure that the integrity of the legal process is maintained and that unauthorized practice is appropriately addressed.

Thank you for your attention to this matter. I look forward to your response and any further steps necessary to address these serious concerns.

Please find attached my completed UPL Complaint Form in PDF format, along with the April 29, 2024 Answer filed in the Washington State Court of Appeals Division 2 stating the "unofficial" representation of Erik and Scott Mickelson

 

Bar Complaint: Christopher Constantine #1165 GRIEVANCE AGAINST A LAWYER May 18, 2024

 

GRIEVANCE AGAINST A LAWYER

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Date Received:	5/18/2024 8:45:34 PM
Confirmation Number:	202405180003

INFORMATION ABOUT YOU	INFORMATION ABOUT THE LAWYER
Name: Heather Benedict Address: 453 S Spring Street, Ste 400 PMB1501 Los Angeles, CA 90013 USA	License Number: 1165 Name: Christopher Constantine Address: PO Box 7125 Tacoma, WA 98417 USA Phone Number: (253) 752-7850 Email Address: ofcounsl1@mindspring.com

INFORMATION ABOUT THE GRIEVANCE

Describe your relationship to the lawyer who is the subject of your grievance:	I am an opposing party.
If your grievance involves a court case:
Case Name: Estate of Leeanna Ruth Mickelson File Number: 164008618 Court Name: Pierce County Superior Court
Explain your grievance in your own words. Give all important dates, times, and places.
Dear Office of Disciplinary Counsel, I am writing to file a complaint against attorney Christopher Martin Constantine, WSBA License Number 11650. My complaint concerns potential violations of the Washington Rules of Professional Conduct (RPC) and relevant statutes, specifically related to misleading representations, failure to provide notice, lack of a physical address, and questionable legal practices. Summary of Grievance: Misleading Representations: Mr. Constantine uses the firm name "OF COUNSEL INC, P.S." in his Notice of Association, capitalizing it inconsistently with his registration ("of Counsel Inc PS"). This interchangeability could be misleading and may violate RPC 7.1 and 7.5. He represents himself as the "Attorney for James Mickelson" while also signing on behalf of Luce & Associates, P.S., implying two firms are representing James Mickelson without clear employment status. Failure to Provide Notice: The Notice of Association was filed on May 7, 2024, at 3:08 PM, just 22 minutes before the hearing start time. No declaration of service was provided, and no notice was given to the heirs. This lack of proper notice could be considered a violation of procedural rules and ethical obligations. Lack of Physical Address: The Notice of Association does not include a physical address, violating RCW 4.28.210, which requires an attorney's notice of appearance to include their address for service. Additionally, Mr. Constantine's public mailing address with the WSBA is a PO Box, not a physical address, which may contravene WSBA Bylaws Section III(C). Questionable Legal Practices: In the Court of Appeals Answer to a Response filed on April 29, 2024, the cover page states that Kenyon Luce is "Unofficially the attorney of law for Erik and Scott Mickelson." It is unknown whether Mr. Constantine ghostwrote this document, but the disclaimer of "unofficial" representation raises serious concerns about the legitimacy and transparency of the legal representation provided by the Luce Law Firm and Mr. Constantine. The use of the term "unofficial" representation suggests a potential violation of RPC 8.4(c) regarding conduct involving dishonesty, fraud, deceit, or misrepresentation. It undermines the integrity of the legal process and could be seen as an attempt to circumvent ethical and legal standards. Relevant Rules and Statutes: RPC 7.1 – Communications Concerning a Lawyer’s Services: Prohibits false or misleading communication about the lawyer or the lawyer’s services. RPC 7.5 – Firm Names and Letterheads: Prohibits the use of a firm name, letterhead, or other professional designation that is false or misleading. RPC 8.4 – Misconduct: It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. RCW 4.28.210 – Notice of Appearance: Requires an attorney's notice of appearance to include their address, to which all papers may be served. WSBA Bylaws Section III(C): Requires members to furnish a “physical residence address” and a “principal office address.” For members residing outside Washington, a physical street address of a designated resident agent within Washington is required. Detailed Explanation: Misleading Representations: Mr. Constantine’s use of "OF COUNSEL INC, P.S." and his representation as an associate of Luce & Associates, P.S., without clear employment status, could mislead the court and parties about his professional affiliations. This interchangeability may violate RPC 7.1 and 7.5 by creating confusion about the nature of his practice. Failure to Provide Notice: The Notice of Association filed on May 7, 2024, just 22 minutes before the hearing, did not include a declaration of service, nor were the heirs notified. This last-minute filing without proper notice could be considered a violation of procedural rules and ethical obligations. Lack of Physical Address: Mr. Constantine's notice lacks a physical address, violating RCW 4.28.210. Additionally, his WSBA profile lists a PO Box rather than a physical address, which may contravene WSBA Bylaws Section III(C), requiring a physical address for service and communication. Questionable Legal Practices: The Court of Appeals document filed on April 29, 2024, where Kenyon Luce is described as "Unofficially the attorney of law for Erik and Scott Mickelson," raises significant concerns. This "unofficial" representation suggests potential violations of RPC 8.4(c) and undermines the integrity of the legal process. It is also unclear if Mr. Constantine ghostwrote this document, which could further implicate him in unethical conduct. I request that the Office of Disciplinary Counsel investigate this matter to determine if Mr. Constantine's conduct violates the RPC and relevant statutes. The integrity of the legal process and the ethical standards of the profession must be upheld. Thank you for your attention to this matter.

Bar Complaint: Kenyon E. Luce #3081, May 18, 2024, Washington State Bar Association Grievance

Update 5/24/2024 - Supplemental Information on Grievance against attorney Kenyon E. Luce #3081. Supplemental Information on Grievance against attorney Kenyon E. Luce #3081.  

Initial Bar Complaint submitted 5/18/2024, below.

 

GRIEVANCE AGAINST A LAWYER

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Date Received:	5/18/2024 9:12:38 PM
Confirmation Number:	202405180004

INFORMATION ABOUT YOU	INFORMATION ABOUT THE LAWYER
Name: Heather Benedict Address: 453 S Spring Street, Ste 400 PMB1501 Los Angeles, CA 90013 USA	License Number: 3081 Name: Kenyon E. Luce Address: 5308 12th St E Fife, WA 98424 USA Phone Number: (253) 922-5784 Email Address: ken.luce@lucelawfirm.com

INFORMATION ABOUT THE GRIEVANCE

Describe your relationship to the lawyer who is the subject of your grievance:	I am an opposing party.
If your grievance involves a court case:
Case Name: Estate of Leeanna Ruth Mickelson File Number: 164008618 Court Name: Pierce County Superior Court
Explain your grievance in your own words. Give all important dates, times, and places.
Dear Office of Disciplinary Counsel, I am writing to file a complaint against attorney Kenyon Eldridge Luce, WSBA License Number 3081. My complaint concerns potential violations of the Washington Rules of Professional Conduct (RPC) and relevant statutes, specifically related to failing to define his representation, questionable legal practices, and improper delegation of duties. Summary of Grievance: Failure to Define Representation: Mr. Luce has failed to clearly define his representation for Erik and Scott Mickelson. In an adversarial hearing impacting their property rights, he stated he is their "unofficial" attorney and on the cover sheet for an answer to an appeal (Court of Appeals, Division II, Case 59357-2-II). This ambiguous representation undermines the legal process and could be seen as an attempt to benefit his client, James Mickelson, at the expense of Erik and Scott Mickelson's rightful property from their late mother. Questionable Association with Christopher Constantine: Mr. Luce's association with Christopher Constantine raises several concerns. Mr. Constantine’s inconsistent use of "OF COUNSEL INC, P.S." and his representation as an associate of Luce & Associates, P.S., without clear employment status, could mislead the court and parties about his professional affiliations. This association impacts Mr. Luce's credibility and raises questions about the ethical standards of the Luce & Associates, P.S. Law Firm. Improper Delegation and Misrepresentation: In the Pierce County Superior Court matter in re the Estate of Leeanna Ruth Mickelson (Case 16-4-00861-8), on April 18, 2024, Mr. Luce sent his paralegal to a hearing who told the court it was my motion (Heather Benedict), despite it being Mr. Luce’s motion. The court reminded the paralegal that it was Mr. Luce's motion. Mr. Luce did not appear or give proper notice, and the paralegal cited a doctor's appointment for Mr. Luce. However, Mr. Luce should have filed that he couldn't attend the hearing instead of sending someone unauthorized to practice law. This raises concerns about his character and fitness, especially considering his advanced age (84 years old) and possible senility. Relevant Rules and Statutes: RPC 1.1 – Competence: Requires a lawyer to provide competent representation to a client, which includes adequate preparation and knowledge. RPC 1.4 – Communication: Requires a lawyer to keep the client reasonably informed about the status of the matter and promptly comply with reasonable requests for information. RPC 5.3 – Responsibilities Regarding Nonlawyer Assistants: Requires lawyers to ensure that their nonlawyer assistants' conduct is compatible with the professional obligations of the lawyer. RPC 8.4 – Misconduct: It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. WSBA Bylaws Section III(C): Requires members to furnish a “physical residence address” and a “principal office address.” For members residing outside Washington, a physical street address of a designated resident agent within Washington is required. Detailed Explanation: Failure to Define Representation: Mr. Luce's failure to clearly define his representation for Erik and Scott Mickelson, while stating he is their "unofficial" attorney, undermines the legal process and could be seen as an attempt to manipulate the situation to benefit James Mickelson. This conduct may violate RPC 1.1 and RPC 8.4 by failing to provide competent representation and engaging in misrepresentation. Questionable Association with Christopher Constantine: The association between Mr. Luce and Christopher Constantine, who inconsistently uses "OF COUNSEL INC, P.S." and represents himself as an associate of Luce & Associates, P.S., raises ethical concerns. This association impacts Mr. Luce's credibility and could mislead the court and parties, violating RPC 7.1 and RPC 7.5 regarding misleading communications and firm names. Improper Delegation and Misrepresentation: On April 18, 2024, Mr. Luce sent his paralegal to a hearing for his motion without proper authorization, misrepresenting the situation to the court. Instead of filing that he could not attend, he improperly delegated the responsibility to a nonlawyer assistant, violating RPC 1.1, RPC 1.4, and RPC 5.3. This incident, combined with concerns about his character and fitness due to his advanced age and possible senility, raises significant ethical issues. Conclusion: I request that the Office of Disciplinary Counsel investigate this matter to determine if Mr. Luce's conduct violates the RPC and relevant statutes. The integrity of the legal process and the ethical standards of the profession must be upheld. Thank you for your attention to this matter.