THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) of the Washington Supreme Court Rules for Enforcement of Lawyer Conduct. Active links to directory listings, RPC definitions, and documents related to the disciplinary matter can be found at the links below or by looking up the respondent in the legal directory on the WSBA website (www.wsba.org) and then scrolling down to “Discipline History.”
As some WSBA members share the same or similar names, please read all disciplinary notices carefully for names, cities, and bar numbers.
Find prior discipline & other regulatory notices here.
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Disbarred
Souphavady Bounlutay (WSBA No. 30552, admitted 2000) of Seattle, was disbarred, effective 11/10/2021, by order of the Washington Supreme Court. Bounlutay’s conduct violated the following Rules of Professional Conduct: 1.4 (Communication), 1.7 (Conflict of Interest: Current Clients), 1.15A (Safeguarding Property), 3.1 (Meritorious Claims and Contentions), 3.3 (Candor Toward the Tribunal), 8.4(b) (Criminal Act), 8.4(c) (Dishonesty, Fraud, Deceit or Misrepresentation).
In relation to her handling of settlement funds for clients in personal injury cases, the hearing officer recommended, and the Supreme Court ordered, that Bounlutay be disbarred following a hearing. Bounlutay was found to have violated the Rules of Professional Conduct by: 1) converting client settlement funds; 2) providing clients with false accountings, by misrepresenting to clients that Respondent had paid their medical liens and money owed to Provider A (Bounlutay’s husband, a chiropractor), and by failing to inform clients that she had taken settlement funds designated for third parties; 3) representing Client A and Client B in Provider A’s lawsuits against them when there was significant risk that the representation would be limited by Bounlutay’s own personal interest, without gaining either client’s informed consent, confirmed in writing; and 4) filing an answer in the litigation between Client A and Provider A in which Bounlutay falsely denied that Client A had failed to pay Provider A when Client A’s case had settled, when Bounlutay knew the denial was false.
Francesca D’Angelo acted as disciplinary counsel. Mark Clayton Choate represented Respondent. Andre M. Penalver was the hearing officer. Diana Marie Dearmin was the settlement hearing officer. The online version of Washington State Bar News contains links to the following documents: Hearing Officer’s Decision, Disciplinary Board Order Declining Sua Sponte Review and Adopting Hearing Officer’s Decision, and Washington Supreme Court Order.
Resigned in Lieu of Discipline
Nathan W. Choi (WSBA No. 41610, admitted 2009) of Honolulu, HI, resigned in lieu of discipline, effective 11/12/2021. Choi agrees that he is aware of the alleged misconduct in disciplinary counsel’s Statement of Alleged Misconduct and, rather than defend against the allegations, wishes to permanently resign from membership in the Association. The Statement of Alleged Misconduct reflects the following violations of the Rules of Professional Conduct: 3.3 (Candor Toward the Tribunal), 8.2 (Judicial and Legal Officials), 8.4(b) (Criminal Act), 8.4(c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(d) (Prejudicial to the Admin of Justice), 8.4(i) (Moral Turpitude, Corruption or Disregard of Rule of Law), 8.4(j) (Violate a Court Order), 8.4(l) (ELC violation), 8.4(m) (Violate the Code of Judicial Conduct).
Choi’s alleged misconduct, as stated in disciplinary counsel’s Statement of Alleged Misconduct, related to his candidacy with King County Elections for the office of Court of Appeals Judge in 2017 and for a position on the Washington Supreme Court in 2018, and for actions related to his divorce. Choi’s alleged misconduct includes: 1) as a candidate for the Court of Appeals, failing to comply with the applicable filing and disclosure laws and regulations and/or failing to file the reports required by law; 2) failing to respond to written requests for a response to a grievance; 3) as a candidate for the Supreme Court, failing to comply with applicable filing and disclosure laws and regulations, and/or failing to file the reports required by law; 4) completing and filing the Excise Tax Affidavit that falsely stated that the transfer to Choi’s girlfriend was exempt from tax because it was to separate community property; 5) transferring real property to Choi’s girlfriend for significantly less than its value in order to avoid any judgment entered by the dissolution proceeding’s special master and/or any obligation owed to his ex-wife, and/or to avoid payment of excise tax; 6) transferring real property to Choi’s girlfriend for significantly less than its value which resulted in Choi’s ex-wife filing a lawsuit against him to undo the transaction; 7) filing the declaration of Choi’s mother, purportedly signed by her in Honolulu, HI, when the statement was false; 8) filing the dissolution petition which contained false statements; 9) filing the affidavit of service stating that he had personally served Choi’s ex-wife’s counsel with the notice of bond, when the statement was false; 10) providing and filing financial statements that failed to disclose a bank account in Hawaii containing over $128,000; 11) registering vehicles in Oregon using a fake Oregon address to avoid taxes on the vehicles he purchased; 12) willfully disobeying the requirement in the Decree of Dissolution that he hire a CPA to prepare all tax returns from 2009 through 2015; and 13) failing to timely file and pay federal, Hawaii, Washington, and Bellevue taxes.
Debra Slater and Benjamin J. Attanasio acted as disciplinary counsel. Randolph Petgrave III was the hearing officer. Karen A. Clark was the settlement hearing officer. Nathan W. Choi represented himself. The online version of Washington State Bar News contains a link to the following document: Resignation Form of Nathan W. Choi ELC 9.3(b)).
Suspended
Kevin L. Johnson (WSBA No. 24784, admitted 1995) of Olympia, was suspended for 12 months, effective 11/23/2021, by order of the Washington Supreme Court. Johnson’s conduct violated the following Rules of Professional Conduct: 1.5 (Fees), 1.15A (Safeguarding Property), 1.15B (Required Trust Account Records), 1.16 (Declining or Terminating Representation), 3.1 (Meritorious Claims and Contentions), 3.4 (Fairness to Opposing Party and Counsel).
In relation to his handling of his trust account and a litigation matter, Johnson stipulated to suspension for: 1) failing to deposit Client A’s advanced fees into a trust account; 2) removing funds from the trust account for use on behalf of Client A, when Client A had no funds in the trust account and by using another client’s funds on behalf of Client A; 3) removing funds from the trust account without giving notice to the client through a billing statement or other document; 4) making cash withdrawals from a trust account; 5) failing to provide a written accounting to a client after removing funds from a trust account; 6) failing to maintain a check register and client ledgers; 7) failing to reconcile a check register to the bank statements and by failing to reconcile a check register to client ledgers; 8) failing to maintain client funds in a trust account, by disbursing more funds from the trust account than the clients or third persons had on deposit, and by using one client’s funds on behalf of another; 9) filing frivolous counterclaims in a litigation matter; and 10) failing to return the property of a former client in the same litigation matter.
Francesca D’Angelo acted as disciplinary counsel. Kurt M. Bulmer represented Respondent. Diana M. Dearmin was the hearing officer. William J. Carlson was the settlement hearing officer. The online version of Washington State Bar News contains links to the following documents: Disciplinary Board Order Approving Stipulation, Stipulation to 12 Month Suspension, and Washington Supreme Court Order.
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Douglas Holmes Prestrud (WSBA No. 29913, admitted 2000) of Seattle, was suspended for six months, effective 11/11/2021, by order of the Washington Supreme Court. Prestrud’s conduct violated the following Rules of Professional Conduct: 1.1 (Competence), 1.3 (Diligence), 1.15A (Safeguarding Property), 1.15B (Required Trust Account Records), 8.4(l) (ELC violation).
In relation to his handling of fees and to his representation of a client in a family law matter, the hearing officer recommended, and the Supreme Court ordered, that Prestrud be suspended following a default hearing. Prestrud was found to have violated the Rules of Professional Conduct by: 1) failing to deposit fees paid in advance into a trust account; 2) failing to file a motion for reconsideration timely, failing to file the motion electronically, and/or by basing the motion for reconsideration on improper grounds; 3) failing to promptly respond to a request for a response to the grievance, and/or by failing to provide a full and complete response to disciplinary counsel’s inquiries and/or subpoena duces tecum for information relevant to a grievance; and 4) failing to maintain a copy of the fee agreement.
Chris Chang and Sachia Stonefeld Powell acted as disciplinary counsel. Douglas Holmes Prestrud represented himself. Randolph O. Petgrave III was the hearing officer. The online version of Washington State Bar News contains links to the following documents: Hearing Officer’s Decision, Disciplinary Board Order Declining Sua Sponte Review and Adopting Hearing Officer’s Decision, and Washington Supreme Court Order.
Reprimanded
Lori S. Haskell (WSBA No. 15779, admitted 1986) of Seattle, was reprimanded, effective 11/08/2021, by order of the chief hearing officer. Haskell’s conduct violated the following Rules of Professional Conduct: 1.15A (Safeguarding Property), 1.15B (Required Trust Account Records).
In relation to her handling of her trust account, Haskell stipulated to a reprimand for: 1) failing to maintain a complete, accurate, and current check register and client ledgers for the trust account; 2) failing to reconcile the trust account; 3) failing to promptly pay or deliver funds that clients and third persons were entitled to receive; 4) retaining Haskell’s own funds in the trust account and by failing to hold client property separate from Haskell’s own property; 5) disbursing more funds than clients or third persons had on deposit in the trust account and by using one client’s funds on behalf of another; and 6) disbursing funds from the trust account before deposits cleared the banking process.
Henry Cruz acted as disciplinary counsel. Kevin M. Bank represented Respondent. The online version of Washington State Bar News contains links to the following documents: Order Approving Stipulation to Reprimand, Stipulation to Reprimand, and Notice of Reprimand.
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Walter O. Peale III (WSBA No. 7889, admitted 1977) of Shoreline, was reprimanded, effective 10/06/2021, by order of the hearing officer. Peale’s conduct violated the following Rules of Professional Conduct: 1.5 (Fees), 1.15A (Safeguarding Property), 1.15B (Required Trust Account Records), 8.4(l) (ELC violation).
In relation to his actions while on disciplinary probation and his handling of his trust account, following a hearing the hearing officer recommended that Peale be reprimanded for: 1) failing to provide trust account records and fee agreements, as required by the terms of a 2017 probation order; 2) failing to fully and completely respond to the Office of Disciplinary Counsel’s inquiries in a 2019 grievance and failing to completely and accurately respond to a subpoena duces tecum; 3) failing to maintain accurate, current, and complete trust account records; 4) failing to properly and accurately reconcile his trust account records; and 5) failing to deposit fees paid in advance by clients A, B, and C into his trust account.
Chris Chang and Kathy Jo Blake acted as disciplinary counsel. Kevin M. Bank represented Respondent. James Smith was the hearing officer. William E. Fitzharris Jr. was the settlement hearing officer. The online version of Washington State Bar News contains links to the following documents: Hearing Officer’s Decision, Order Modifying Hearing Officer’s Decision, Disciplinary Board Chair Order Declining Referral of Sua Sponte Review Consideration, and Notice of Reprimand.
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Gwyn Elizabeth Staton (WSBA No. 9419, admitted 1979) of Seattle, was reprimanded, effective 8/18/2021, by order of the chief hearing officer. Staton’s conduct violated the following Rules of Professional Conduct: 1.7 (Conflict of Interest: Current Clients), 1.8 (Conflict of Interest: Current Clients: Specific Rules).
In relation to her representation of Client A in a property distribution matter and subsequent dispute over debts owed to Staton by Client A, Staton stipulated to a reprimand for: 1) representing Client A while simultaneously representing Client B in connection with a hearing when there was significant risk that one client’s representation may be materially limited by the other client’s representation, and by continuing to represent Client A when there was significant risk that the representation may be materially limited by Staton’s personal interests as Client A’s creditor, customer, and having claims against Client A for theft and/or conversion; and 2) engaging in business transactions with Client A, including a promissory note, deed of trust, and subsequent loans to Client A, when the terms were not fair and reasonable and were not fully conveyed in writing, and when Client A did not give informed consent confirmed in writing as to the essential terms of the transactions.
Jonathon Burke and Marsha Matsumoto acted as disciplinary counsel. Anne Seidel represented Respondent. The online version of Washington State Bar News contains links to the following documents: Order on Stipulation to Reprimand, Stipulation to Reprimand, and Notice of Reprimand.