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