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 Discipline Notice Directory at https://mywsba.org/PersonifyEbusiness/DisciplineNoticeDirectory.
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.
Disbarred
Troy Xavier Kelley (WSBA No. 30998, admitted 2001) of Tacoma, was disbarred, effective 8/29/2024, by order of the Washington Supreme Court. Benjamin J. Attanasio, Amanda Lee, Kathy Jo Blake and Codee McDaniel acted as disciplinary counsel. Troy Xavier Kelley represented themselves. Henry E. Stiles II was the hearing officer. Bruce E. Heller was the settlement hearing officer.
The lawyer’s conduct violated the following Rules of Professional Conduct: 8.4(b) (Criminal Act), 8.4(c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(i) (Moral Turpitude, Corruption or Disregard of Rule of Law).
Kelley was found to have violated the Rules of Professional Conduct by: 1) committing the felony offense of possession and concealment of stolen property; 2) committing the crime of possession and concealment of stolen property; 3) committing two counts of the felony offense of false declaration; 4) committing the crimes of false declaration; 5) committing five counts of the felony offense of filing false income tax returns; 6) committing the crimes of filing false income tax returns.
Decision documents: Hearing Officer’s Decision; Disciplinary Board Order Adopting Hearing Officer’s Decision; and Washington Supreme Court Order.
Resigned in Lieu of Discipline
Robert Eugene Kovacevich (WSBA No. 2723, admitted 1959) of Spokane, resigned in lieu of discipline, effective 8/27/2024. The lawyer agrees that they are aware of the alleged misconduct in disciplinary counsel’s Statement of Alleged Misconduct and rather than defend against the allegations, they wish to permanently resign from membership in the Association. Francisco Rodriguez acted as disciplinary counsel. Robert Eugene Kovacevich represented themselves.
The Statement of Alleged Misconduct reflects the following violations of the Rules of Professional Conduct: 3.1 (Meritorious Claims and Contentions), 3.4 (Fairness to Opposing Party and Counsel), 4.4 (Respect for Rights of Third Person), 8.4(a) (Violate the RPCs), 8.4(d) (Prejudicial to the Admin of Justice), 8.4(j) (Violate a Court Order).
Kovacevich’s alleged misconduct includes: 1) soliciting and/or accepting a check from a client as payment for legal fees after the issuance of a court order removing the client as trustee of their mother’s estate, and/or failing to return such funds when asked to do so by the successor trustee; 2) soliciting and/or accepting a check from a client as payment for legal fees after the issuance of a court order removing the client as trustee of their mother’s estate; 3) failing to repay legal fees as required by a court’s contempt order; 4) acting directly and/or through counsel, filing motions and/or notice of mediation that had no basis in law and/or fact; 5) acting directly and/or through counsel, filing a notice of appeal that was untimely as to one or more of the orders being appealed; 6) acting directly and/or through counsel, engaging in appellate litigation practices that violated practice norms.
Decision document: Resignation Form of Robert Eugene Kovacevich.
Suspended
Leslie R. Bottimore (WSBA No. 29957, admitted 2000) of Tacoma, was suspended for 14 months, effective 8/23/2024, by order of the Washington Supreme Court. Francisco Rodriguez acted as disciplinary counsel. David J. Elkanich represented Respondent. William J. Carlson was the hearing officer. Scott M. Ellerby was the settlement hearing officer.
The lawyer’s conduct violated the following Rules of Professional Conduct: 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 1.6 (Confidentiality of Information), 1.15A (Safeguarding Property), 4.2 (Communication with Person Represented by Counsel), 8.4(a) (Prohibiting a lawyer from violating or attempting to violate the Rules of Professional Conduct, knowingly assisting or inducing another to do so, or doing so through the acts of another), 8.4(c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(d) (Prejudicial to the Administration of Justice).
Bottimore stipulated to suspension for: 1) failing to deposit advance fee payments received from clients into a trust account; 2) failing to timely communicate with clients regarding the legal fees that they had incurred; 3) failing to act with reasonable diligence in representing a client and failing to take reasonable steps to complete the dissolution and file a petition for modification of the client’s support obligations; 4) charging clients for work that was not performed, and charging a client at a lawyer rate for work performed by a nonlawyer; 5) offering inaccurate testimony under oath at a disciplinary deposition about work allegedly performed for a client; 6) taking funds held in trust for a client’s estate and using those funds to pay the client’s legal fees outside of the probate process, and giving priority to Respondent’s claim for fees over the claims of other creditors; 7) removing funds whose ownership was disputed from Respondent’s trust account to pay Respondent’s fees in the client’s matter without first resolving the underlying ownership dispute; 8) communicating with the opposing party in a dissolution matter about the subject of the representation without the consent of the relevant party’s lawyers, failing to take steps to ascertain whether the lawyer(s) of the opposing party consented to such communication, continuing to communicate with the opposing party after their lawyer(s) objected, and by directing a staff member to send a proposed stipulation directly to the opposing party; 9) disclosing confidential information relating to the representation of a client to the Better Business Bureau.
Decision documents: Disciplinary Board Order Approving Stipulation; Stipulation to Suspension; and Washington Supreme Court Order.
Neil Edward Humphries (WSBA No. 2737, admitted 1966) of Spokane, was suspended for 60 days, effective 8/23/2024, by order of the Washington Supreme Court. Erica Temple and Briana Gieri acted as disciplinary counsel. Neil Edward Humphries represented themselves. Jehiel Baer was the hearing officer. Randolph O. Petgrave III was the settlement hearing officer.
The lawyer’s conduct violated the following Rules of Professional Conduct: 1.4 (Communication), 1.7 (Conflict of Interest: Current Clients), 1.14 (Client with Diminished Capacity).
Humphries stipulated to suspension for: 1) failing to reasonably consult with clients about the means by which the clients’ objectives were to be accomplished; 2) providing legal services to clients, without their informed consent, confirmed in writing, to conflicts of interest created by Respondent’s representation.
Decision documents: Disciplinary Board Order Approving Stipulation to Suspension; Stipulation to Suspension; and Washington Supreme Court Order.