GRIEVANCE AGAINST A LAWYER
| Date Received: | 5/18/2024 8:45:34 PM |
| Confirmation Number: | 202405180003 |
INFORMATION ABOUT YOU | INFORMATION ABOUT THE LAWYER | ||||||||||||||||||||
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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. |
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