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.

Pierce County Superior Court, back at it again.

March 15, 2024, Latest update regarding my late mother's probate dismissed w/ prejudice. Attorney Kenyon Luce is wanting to re-open it. Since making this video, Pro Tem Commissioner Kevin Boyle and Commissioner Mark Gelman both have recused themselves do to conflicts with Luce & Associates.  The new hearing date is tentatively scheduled the second week of April, 2024. Update: Kenyon Luce, attorney, failed to appear at the April 18, 2024 hearing and it was continued to May 7, 2024, to which this order was entered by Commissioner Terri Farmer: 

Phone call to detective Jeff Nolta, city of Fife Detective, follow up email

Mr. Nolta,

This is Heather Benedict confirming I called your office this morning and left a message requesting time to seek counsel before you complete your investigation. 

I am a victim of identity fraud and have reported this to the FTC, FBI and local police department; (example of ID theft outlined email below where someone has set up an email and posed as me and contacted my cousin, David Hippensteel.) I am not sure how much of my report I need to share with you and would like to consult an attorney before doing so. I have also passed on your information to federal, local and state law enforcement agencies currently assisting me and they may be in contact with you today as well.  Hopefully you can cooperate with their open investigations too. 

As of 7:40PM last night, i now understand your investigation involves Ken Luce, whom was the city of fife's judge for 20 years.  You being employed by Fife, am uneasy about your bias and favoritism towards him, which is why I seek an attorney. I am not a resident of Fife and do not frequent your city. 

Additionally, given the recent sad news of the police shooting in Minnesota of an innocent blonde 40 year old single Caucasian female from Australia (similar to myself), am somewhat even more fearful to talk to any police officer and at random, especially one deployed by Ken Luce who has stated to me and before two other witnesses that it easier to shoot (kill) an opponent [than fight them in court].  I have testified to his statement as a public declaration in the King County Superior Court.  

I am currently part of the WA State Address Confidentiality program and a victim of domestic violence. I find your abrupt email from yesterday somewhat harassing and intimidating.   Common courtesy would be to send a letter, set up a time to talk and disclose my legal rights. You have not done this.  

While I seek to find an attorney this morning am awfully frightened of you, as you could be covering up Mr. Luce's own criminal activities on his behalf, which may go beyond Id theft  and could include concealing my late mother's will, elder abuse and undue influence.  Is this investigation just a distraction from the real criminal activities which may have taken place at Luce Law Firm? That is a question and not a statement. 

Further, i would prefer to arrange an in-person meeting in a safe location to verify you are not Ken Luce, Jim or Erik Mickelson just pretending to be a detective trying to incriminate me.  

You must also understand that I am not an attorney.  

Thank you,

Heather 

Fife Police detective Jeff Nolta outreach

This email came in today from the Fife Police detective and omits any content or reason for his inquiry.  Sounds official but weird. Maybe he's investigating undue influence? On second thought, according to Mr. John Nolta, at 7pm this evening, not even 12 hours since he first emailed me, Mr. Nolta states:

"This concerns a criminal allegation made by Ken Luce. I am not able to conduct an interview via  email. I will complete my investigation without your statement. 

Det Nolta

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Please contact me by phone at your earliest convenience, 253-896-8257.

Jeff Nolta

Detective

Fife Police Department

“A professional police agency that is reflective of the community and its needs.”

(253) 896-8257 Office

(253) 926-5374 Fax

3737 Pacific Hwy E., Fife, WA

Exposing Disturbing Promotions - Luce & Associates cross promotion with Northwest Custom Apparel to Promote Drunk Driving

Not only can Luce & Associates make your late wife's last will and testament disappear, but attorney Ken Luce can also use his dirty tactics and political connections to make your DUI charges vanish too—guaranteed! Don't have a DUI? Don’t drink and drive? Why not? Kenyon Luce will get you off for FREE! Compliments of Northwest Embroidery and NW Custom Apparel.

This St. Patty's Day, buy a custom family t-shirt at NW Custom Apparel for $19.99 and drink all you want. If you get pulled over while wearing their t-shirt, they will cover Luce & Associates' attorney fees.

This might be the most disgusting promotion I have ever seen. Encouraging people to get drunk, drive, put lives in danger, and trust that Ken Luce will get them off because he's friends with Jim and Erik Mickelson of NW Custom Apparel is beyond reprehensible.

The transcript of the video:

JAMES MICKELSON: What you take a look at this one we've got Luce's private club and you know who Luce is? He is one of the better drunk driving attorneys in the city of Fife so if you wear your t-shirt to hit one of these bars you can call Ken because if you have a shirt on he'll represent you for free! so have a nice day and let's all Erin go bragh and this is crazy but I want to be on TV. 

   

Luce's Response to Mandated Mediation

Luce and Associates have opted against the court ordered mediation.  Attorney Christi Goeller responds the mediation company and myself hoping to schedule mediation to keep the matter out of the courts. 

 

My response to All parties:

All Parties,

An active Order for Mediation, signed by Presiding Judge Frank Cuthbertson in Pierce County Superior Court in November 18, 2106, is a separate matter from the dismissal of the intestacy petition.  

I will be moving forward with a petition to compel compliance on all parties opting against the court mandated mediation.  

@Christi, do you have a preference as to which Friday I schedule your clients' uncompliance petition?

Regards, 

Heather Mickelson

From Christi Goeller to Mediation company:

Hi Judy,

We are not agreeable to mediation at this time. The Pierce County case that forms the basis for Ms. Mickelson’s mediation request is currently considered dismissed at the Superior Court level and is pending an appeal by Ms. Mickelson. Therefore, it is our position that there is no case to mediate at this time.

Sincerely,

Christi C. Goeller

Google Maps - Pierce County Superior Court

My Google Map images on Pierce County Superior Court hit over 100,000 views today! I am personally proud to know, that by sharing pictures online, the public can see our public court system online.  I encourage others to add to this collection by taking their own pictures.
In other landmark events, on September 30, 2016, I went before the Presiding Judge Frank Cuthbertson by myself.  He ridiculed me as a  pro-se attorney and I reminded him that the Pierce County Bar Association could not provide an attorney referral due to the nature of going against Ken Luce, a former judge, city attorney, and prosecutor.  Unless he court ordered me to hire an attorney, I remain pro-se.  Ken Luce and Anthony Taylor were absent.  Cuthbertson was unprepared to hear my case which the clerk did not properly note on the docket.  Thus, Cuthbertson asked for me to reschedule in November and I have. Until then, there is a restraining order on selling any of my late-mother's assets, including Casa Molly home in Cabo San Lucas in the Santa Carmela housing development.  Thank you all for your support. 

1/7/17 update - my pictures have now reached 350,000 views!!! Woohoo!!

 

June 17, 2016 Order of Probate Dismissal by Mary Dicke

Ruling to Dismiss on June 17th, 2016.  At 2:19, Mr, Ken Luce, from Luce & Associates states his office policy is to use blue ink on original documents; black is a copy.  The judge ruled to allow me to see the "Original", which was provided with some hesitation by Luce and showed only my dad and notary in blue - my mom's is in black. 

KEN LUCE:  As long as we're still on the record, your Honor, the policy in our office is to assign different color ink so we know the difference between the original and a copy.  

HEATHER MICKELSON: May I just peek at it? Ok, so my mom's is in black and my dad is blue and the notary is in blue.  

Full Hearing from June 17, 2016.

Fife police are called to Luce & Associates

Fife police intimidation outside Luce & Associates office after Mr. Luce advised they had the original and a copy of my late-mother's will.  Their official response now is my mom doesn't have a will. 

I then filed for a motion to produce a will in Pierce County Superior Court based on the legal advice of the county clerk, Lu Scott.  I was court ordered to listen to the advice of a clerk, not law library.

What brought all this about?  Ken Luce told me he'd mail me a copy of my mom's will and never did.  He now states he never executed her will.   

On May 16, 2016, attorney Zac Luce emailed me that he was in possession of my mom's original will in the morning ... 

 
Then Zac only has a copy of her will.  That afternoon, his dad Ken Luce says he will mail me a copy of her will.  Later that afternoon, Zac says he does not have a copy of her will.  

 

Ken Luce begins bullying daughter of late-client

E-mail response from Mr. Ken Luce regarding my motion to produce a will.

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Litigation 4 messages

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Ken Luce <KenXXX@lucelawfirm.com>	Wed, May 18, 2016 at 11:55 AM
Heather,     I have received copies of the documents you filed in Pierce County 16-4-00861-8.  I believe you are requesting that it be determined that your mother passed away without having a will.  As I have indicated to you our office did not prepare a will for your mother nor do we knowof her ever having one. We prepared a Community Property Agreement that has been filed with the Clerk.    You have previously stated, in writing, that you have a copy of her will and we have asked we be provided a copy but you have not done so. I again make that request.     The proceedings that you have commenced are without merit and I request that you dismiss them and that you notify me by noon on May 19th that you will do so.  If they are not I will move for imposition of CR11 sanctions.     A Community Property agreement supercedes any will a person may have in place and as previously explained to you all property separate and community is now part of the surviving husband's estate. There is no need to have an adjudication of intestacy or determination of heirs. Kenyon E. LuceLuce & Associates, P.S.   Ken Luce, Attorney, Fife, Washington

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	Fri, May 20, 2016 at 4:20 PM
To: Ken Luce
Mr. Luce, I am just now in receipt of your e-mail.  Please extend me the courtesy to respond to you by Monday 23, 2016 5:00pm.  It is my understanding no one is in possession of my mom's will. The will I stated I have is actually my mother's mother's (my grandmother's) and was mistaken.  Both you and Zach told me in writing and verbally you had both my mom's most recent original and a copy of her will. You also said you would mail me a copy of my mom's will. I will address all other concerns in separate e-mail by the date stated above.  Best, Heather Mickelson  [Quoted text hidden]

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	Fri, May 20, 2016 at 4:31 PM
To: Ken Luce
Dear Mr. Luce, Thank you for your email, I have now reviewed it.  My current status with the court is pro se so I hope you will communicate fairly with me as my own counsel to resolve some issues.  I would agree to strike the hearing currently set if we needed more time to arrive at a mutually agreeable resolution.  However, there are some issues with this situation. Apparently noone has a will for my mother.  Therefore the finding of intestacy would be appropriate. Because international law is involved I am not convinced the agreement applies to all property even if it were properly filed and executed. I look forward to arriving at a resolution and avoiding any unnecessary litigation. Yours truly, Heather Mickelson -- Adding references to what is going on... not in any particular order - May 9th, 2016 - My brother Erik left a voicemail on my sister's phone demanding I take down the video of the Fife Police outside of Mr. Ken Luce's office by 8PM.  Around 8:45PM, he posted on his own Facebook page that he did not know my whereabouts, as if I was missing and needed help.  Very odd.  I wrote on my sister in law's Facebook page (Wendy Mickelson) I was in my home in Seattle at it was 10PM, my bedtime The next morning, I was certain to check-in to my own home on Facebook so my friends would know I was safe and highlighted the oddness of my brother's posting the night prior. Wendy, Erik, and Taylar (Wendy's daughter) have deleted me as a FB friend since.  Odd, as I have not contacted any of them, with the exception to politely respond to their FB messages and to address my brother's fake concern I had gone missing.  August 19, 2014 - Response from Zachary Luce on  my advisory that I will file my mom's community property agreement if he does not.  Mr. Luce shows hesitation in filing, noting he needed to talk to my dad first and there was a filing fee. April 25, 2016 - Confirmation from Zachary Luce the community property agreement has been filed, advising (although it has been over 4 years since she signed it) it was legally valid, even though they were not recorded.