Therese Marie Wheaton is a lawyer in Shelton licensed with Washington State Bar Association (WSBA). The license number is #18208. The practice address is 422 N 3rd St # 257, Shelton, WA 98584-3416. The business phone number is (360) 580-3677. The license type is Lawyer. The license status is Resigned in Lieu of Disbarment. The admitted date is October 31, 1988.
| WSBA Number | 18208 |
| Full Name | Therese Marie Wheaton |
| Last Name | Wheaton |
| First Name | Therese Marie |
| Address | 422 N 3rd St # 257 Shelton WA 98584-3416 |
| Phone | (360) 580-3677 |
| Fax | (360) 570-9999 |
| License Type | Lawyer |
| Admit Date | 1988-10-31 |
| License Status | Resigned in Lieu of Disbarment |
| Eligible To Practice | No |
| Firm Size | Law firm with 2-5 WSBA members |
| Practice Areas | Criminal, Elder, Guardianships, Litigation |
| Other Languages Spoken | None Specified |
| Disciplinary History | Suspension (02/09/1999) Resignation in Lieu of Disbarment (06/08/2009) |
| Action | Effective Date | RPC | Discipline Notice | Discipline Description |
|---|---|---|---|---|
| Resignation in Lieu of Disbarment | 6/8/2009 | 1.1 -
Competence
1.14 - (prior to 9/1/2006) Preserving Identity of Funds and Property of a Client 1.15A - Safeguarding Property 1.2 - Scope of Representation 1.3 - Diligence 1.5 - Fees 8.4 (b) - Criminal Act 8.4 (c) - Dishonesty, Fraud, Deceit or Misrepresentation | Therese M. Wheaton (WSBA No. 18208, admitted 1988), of Shelton, resigned in lieu of disbarment, effective June 8, 2009. Ms. Wheaton affirmatively admitted that the WSBA could prove by a clear preponderance of the evidence sufficient violations of the Rules of Professional Conduct supporting disbarment, but did not affirmatively admit all facts and misconduct herein. This discipline is based on conduct involving failing to provide competent representation, failing to act with reasonable diligence, charging unreasonable fees, trust-account irregularities, committing criminal acts, inducing a client to engage in criminal acts, and conduct prejudicial to the administration of justice. In April 2005, Client M paid Ms. Wheaton $1,000 to sue a cabinet distributor (CD) for installing faulty cabinets in his home in 2004. The fee agreement, signed on April 12, 2005, charged an initial “retainer” of $1,000, which covered the initial consultation through the filing of the complaint and temporary orders, if necessary. The agreement provided that the $1,000 fee was “earned upon receipt” and that the fee could be disbursed to counsel upon the client’s signature on the initial pleadings. The fee agreement required Client M to pay $150 per hour for services beyond those covered by the $1,000 “retainer,” with a cap of $2,000 “unless further approval.” The agreement allowed Ms. Wheaton to request additional sums for future fees and costs, provided that these funds would be deposited into her trust account. Ms. Wheaton placed the $1,000 in her trust account. Client M contacted Ms. Wheaton several times about the status of the case, and she told him repeatedly that it was not “his turn” on her schedule. During this time, Client M discovered that the cabinets installed by CD had mold in them. Client M states that Respondent told him that this would require the hiring of an expert on the issue of mold. In January 2006, Ms. Wheaton had Client M sign another fee agreement, and pay an additional $2,500 “non-refundable” fee. This agreement was for “legal matters pertaining to home.” Ms. Wheaton told Client M that these additional funds were required for a mold expert. As in the first agreement, the fee could be disbursed to Ms. Wheaton only upon Client M’s signature on the initial pleadings. Ms. Wheaton’s billing records show no work on Client M’s cabinet matter between the signing of the first and second fee agreements. From April 2006 through July 21, 2006, Ms. Wheaton recorded approximately eight hours’ worth of time on Client M’s matter for a total of $1,050 in fees. She took $1,050 out of her trust account on July 31, 2006, despite the fact that her fee agreement did not allow her to do so until client M signed the initial pleadings in the matter. On September 13, 2006, Client M’s wife gave Ms. Wheaton an additional $1,000. Ms. Wheaton told Mrs. M that she did not have enough money to pay her staff. Mrs. M offered Ms. Wheaton $1,000 as an advance against the fees that she would earn on the case. Ms. Wheaton did not put this money in her trust account. In a deposition taken on July 16, 2008, Ms. Wheaton falsely testified that the $1,000 was for bedroom furniture that Mrs. M purchased from Ms. Wheaton. Ms. Wheaton did not begin work on drafting the summons and complaint in Client M’s case until November 2006. On November 13, 2006, Ms. Wheaton took $1,000 from her trust account. This amount was $295 more than what was owed, according to the invoice that she produced. Because Client M had not yet signed the initial pleadings, no money was owed under the fee agreement. Client M terminated Ms. Wheaton’s services on February 7, 2007, and hired Attorney B. Ms. Wheaton told Attorney B that she had forwarded the summons and complaint to Client M on January 19, 2007, and had no response from him; however, review of the properties of the complaint from Ms. Wheaton’s computer shows that the complaint was not created until January 29, 2007. Client M denies that he received the complaint from Ms. Wheaton. On February 26, 2007, Ms. Wheaton deposited $1,150 back into her trust account and refunded $2,300 to Client M. Under Washington law, a claim against a contractor’s bond must be filed within two years after the work was substantially completed. Ms. Wheaton failed to file a claim within two years. Client M takes hydrocodone and a generic form of Vicodin for severe neck and back pain. During the time that Ms. Wheaton represented Client M, she asked for his prescription pain medication on a monthly basis. Client M gave her his prescription medication at least 18 times, which often left him without his prescription pain medication for himself. Ms. Wheaton promised to replenish his supply when she got her own prescription filled, but never did. Client M and his wife feared that Ms. Wheaton would drop their case if he didn’t give the drugs to her. Ms. Wheaton testified that she never asked Client M for the prescription pain medication. She further testified that she has a severe allergy to hydrocodone and Vicodin and has not taken any form of hydrocodone since she discovered her allergy when she was 19 years old. Ms. Wheaton’s former legal assistant stated that she has seen Ms. Wheaton take Vicodin and that Ms. Wheaton has told her that she has taken Vicodin. Hydrocodone and Vicodin are controlled substances under RCW 69.50.206. Ms. Wheaton’s conduct violated RPC 1.1, requiring a lawyer to provide competent representation to a client; former RPC 1.2(d), prohibiting a lawyer from counseling a client to engage, or assisting a client, in conduct that the lawyer knows is criminal and fraudulent (here, through a violation of RCW 69.50.401(1), Delivery of a Controlled Substance); former RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former RPC 1.5(a), requiring a lawyer’s fee to be reasonable; former RPC 1.14(a), requiring that all funds of clients paid to a lawyer or law firm, including advances for costs and expenses, shall be deposited in one or more identifiable interest-bearing trust accounts maintained as set forth in the rules, and that no funds belonging to the lawyer or law firm shall be deposited therein; former RPC 1.15A(b), prohibiting a lawyer from using, converting, borrowing, or pledging client or third-person property for the lawyer’s own use; former RPC 1.15A(c), requiring a lawyer to hold property of clients and third persons separate from the lawyer’s own property, to deposit and hold in a trust account funds subject to this rule pursuant to the rules and to identify, label, and appropriately safeguard any property of clients or third persons other than funds; former RPC 8.4(b), prohibiting a lawyer from committing a criminal act (through a violation of RCW 69.50.4013, Possession of a Controlled Substance without a Prescription and RCW 9A.28.020, Criminal Attempt) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, and former RPC 8.4(c), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice. Erica Temple represented the Bar Association. Craig C. Beles was the hearing officer. Ms. Wheaton represented herself. | |
| Resignation in Lieu of Disbarment | 2009-06-08 | 1.1 - Competence 1.14 - (prior to 9/1/2006) Preserving Identity of Funds and Property of a Client 1.15A - Safeguarding Property 1.2 - Scope of Representation 1.3 - Diligence 1.5 - Fees 8.4 (b) - Criminal Act 8.4 (c) - Dishonesty, Fraud, Deceit or Misrepresentation | Therese M. Wheaton (WSBA No. 18208, admitted 1988), of Shelton, resigned in lieu of disbarment, effective June 8, 2009. Ms. Wheaton affirmatively admitted that the WSBA could prove by a clear preponderance of the evidence sufficient violations of the Rules of Professional Conduct supporting disbarment, but did not affirmatively admit all facts and misconduct herein. This discipline is based on conduct involving failing to provide competent representation, failing to act with reasonable diligence, charging unreasonable fees, trust-account irregularities, committing criminal acts, inducing a client to engage in criminal acts, and conduct prejudicial to the administration of justice. In April 2005, Client M paid Ms. Wheaton $1,000 to sue a cabinet distributor (CD) for installing faulty cabinets in his home in 2004. The fee agreement, signed on April 12, 2005, charged an initial “retainer” of $1,000, which covered the initial consultation through the filing of the complaint and temporary orders, if necessary. The agreement provided that the $1,000 fee was “earned upon receipt” and that the fee could be disbursed to counsel upon the client’s signature on the initial pleadings. The fee agreement required Client M to pay $150 per hour for services beyond those covered by the $1,000 “retainer,” with a cap of $2,000 “unless further approval.” The agreement allowed Ms. Wheaton to request additional sums for future fees and costs, provided that these funds would be deposited into her trust account. Ms. Wheaton placed the $1,000 in her trust account. Client M contacted Ms. Wheaton several times about the status of the case, and she told him repeatedly that it was not “his turn” on her schedule. During this time, Client M discovered that the cabinets installed by CD had mold in them. Client M states that Respondent told him that this would require the hiring of an expert on the issue of mold. In January 2006, Ms. Wheaton had Client M sign another fee agreement, and pay an additional $2,500 “non-refundable” fee. This agreement was for “legal matters pertaining to home.” Ms. Wheaton told Client M that these additional funds were required for a mold expert. As in the first agreement, the fee could be disbursed to Ms. Wheaton only upon Client M’s signature on the initial pleadings. Ms. Wheaton’s billing records show no work on Client M’s cabinet matter between the signing of the first and second fee agreements. From April 2006 through July 21, 2006, Ms. Wheaton recorded approximately eight hours’ worth of time on Client M’s matter for a total of $1,050 in fees. She took $1,050 out of her trust account on July 31, 2006, despite the fact that her fee agreement did not allow her to do so until client M signed the initial pleadings in the matter. On September 13, 2006, Client M’s wife gave Ms. Wheaton an additional $1,000. Ms. Wheaton told Mrs. M that she did not have enough money to pay her staff. Mrs. M offered Ms. Wheaton $1,000 as an advance against the fees that she would earn on the case. Ms. Wheaton did not put this money in her trust account. In a deposition taken on July 16, 2008, Ms. Wheaton falsely testified that the $1,000 was for bedroom furniture that Mrs. M purchased from Ms. Wheaton. Ms. Wheaton did not begin work on drafting the summons and complaint in Client M’s case until November 2006. On November 13, 2006, Ms. Wheaton took $1,000 from her trust account. This amount was $295 more than what was owed, according to the invoice that she produced. Because Client M had not yet signed the initial pleadings, no money was owed under the fee agreement. Client M terminated Ms. Wheaton’s services on February 7, 2007, and hired Attorney B. Ms. Wheaton told Attorney B that she had forwarded the summons and complaint to Client M on January 19, 2007, and had no response from him; however, review of the properties of the complaint from Ms. Wheaton’s computer shows that the complaint was not created until January 29, 2007. Client M denies that he received the complaint from Ms. Wheaton. On February 26, 2007, Ms. Wheaton deposited $1,150 back into her trust account and refunded $2,300 to Client M. Under Washington law, a claim against a contractor’s bond must be filed within two years after the work was substantially completed. Ms. Wheaton failed to file a claim within two years. Client M takes hydrocodone and a generic form of Vicodin for severe neck and back pain. During the time that Ms. Wheaton represented Client M, she asked for his prescription pain medication on a monthly basis. Client M gave her his prescription medication at least 18 times, which often left him without his prescription pain medication for himself. Ms. Wheaton promised to replenish his supply when she got her own prescription filled, but never did. Client M and his wife feared that Ms. Wheaton would drop their case if he didn’t give the drugs to her. Ms. Wheaton testified that she never asked Client M for the prescription pain medication. She further testified that she has a severe allergy to hydrocodone and Vicodin and has not taken any form of hydrocodone since she discovered her allergy when she was 19 years old. Ms. Wheaton’s former legal assistant stated that she has seen Ms. Wheaton take Vicodin and that Ms. Wheaton has told her that she has taken Vicodin. Hydrocodone and Vicodin are controlled substances under RCW 69.50.206. Ms. Wheaton’s conduct violated RPC 1.1, requiring a lawyer to provide competent representation to a client; former RPC 1.2(d), prohibiting a lawyer from counseling a client to engage, or assisting a client, in conduct that the lawyer knows is criminal and fraudulent (here, through a violation of RCW 69.50.401(1), Delivery of a Controlled Substance); former RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former RPC 1.5(a), requiring a lawyer’s fee to be reasonable; former RPC 1.14(a), requiring that all funds of clients paid to a lawyer or law firm, including advances for costs and expenses, shall be deposited in one or more identifiable interest-bearing trust accounts maintained as set forth in the rules, and that no funds belonging to the lawyer or law firm shall be deposited therein; former RPC 1.15A(b), prohibiting a lawyer from using, converting, borrowing, or pledging client or third-person property for the lawyer’s own use; former RPC 1.15A(c), requiring a lawyer to hold property of clients and third persons separate from the lawyer’s own property, to deposit and hold in a trust account funds subject to this rule pursuant to the rules and to identify, label, and appropriately safeguard any property of clients or third persons other than funds; former RPC 8.4(b), prohibiting a lawyer from committing a criminal act (through a violation of RCW 69.50.4013, Possession of a Controlled Substance without a Prescription and RCW 9A.28.020, Criminal Attempt) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, and former RPC 8.4(c), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice. Erica Temple represented the Bar Association. Craig C. Beles was the hearing officer. Ms. Wheaton represented herself. | |
| Suspension | 1999-02-09 | 1.15 - (prior to 9/1/2006) Declining or Terminating Representation 1.4 - Communication | Therese Wheaton (WSBA No. 18208, admitted October 31, 1988), of Thurston County, has been suspended for six months pursuant to a stipulation approved by the Disciplinary Board on January 15, 1999 and by the Supreme Court on February 9, 1999. The discipline is based on Ms. Wheaton’s failure to promptly and diligently protect her clients during a time of illness that resulted in closing her practice. In 1992, Ms. Wheaton opened a solo practice in Lacey, Washington. In fall 1996, Ms. Wheaton contracted with a company to provide complete office support, including client billing, accounting, trust account records, and secretarial services. Due to illness and continuing health problems, Ms. Wheaton provided a power of attorney to the contracted office manager and requested that the manager assume primary responsibility for the trust account. In November 1996, Ms. Wheaton suffered a severe physical assault which affected her mental and physical health. During this same period, Ms. Wheaton suffered other personal problems. Ms. Wheaton was hospitalized for 34 of the 44 days between November 24, 1996 and January 10, 1997. During late fall 1996, Ms. Wheaton and her support staff contacted other Thurston County lawyers to handle imminent client matters. On December 20, 1996, WSBA appointed an RLD 8.6 custodian was appointed to assist Ms. Wheaton in closing her practice. On March 27, 1997, Ms. Wheaton transferred to inactive status. In early summer 1997, after an order discharging the custodian, he returned unclaimed files to Ms. Wheaton, as her health improved. Ms. Wheaton has been in good health for the last 18 months. The Court reinstated Ms. Wheaton to active status on February 9, 1999. In November 1996, WSBA received notice that Ms. Wheaton’s trust account was $119.84 overdrawn. One client filed a grievance related to client funds and Ms. Wheaton paid restitution to that client. Additionally, Ms. Wheaton agreed to two years’ trust account probation. In July 1996, a client retained Ms. Wheaton to obtain an order establishing parentage, setting child support, and limiting the father’s contact with the child. In mid-July, Ms. Wheaton filed the Petition to Establish Parentage, and obtained a waiver of the filing fee and a temporary restraining order against the father. Ms. Wheaton did not serve the alleged father. In fall 1996, Ms. Wheaton did not communicate with her client and did not explain that she had not served the father. Later in 1996, Ms. Wheaton became ill and WSBA appointed a custodian. In January 1997, the client received her file from the custodian. This was the client’s first notice that Ms. Wheaton had not proceeded with her case. Ms. Wheaton made a partial refund to the client. In late August 1996, Ms. Wheaton agreed to represent the husband in a dissolution action. In October 1996, the wife filed a Petition for Legal Separation; Motion for Temporary Support, Including Maintenance; and Proposed Parenting Plan. In November 1996, Ms. Wheaton filed financial information and resisted the maintenance request. The temporary orders hearing was set for November 12, 1996. Ms. Wheaton did not attend due to her illness. Ms. Wheaton’s staff contacted the opposing party, who did not agree to a continuance. The Court entered an order imposing child support, maintenance and attorney’s fees on the client. In December 1996, Ms. Wheaton’s staff notified the client that Ms. Wheaton would not be able to continue to represent him. The client obtained a new lawyer on December 6, 1996. The new lawyer had to copy the court file, because Ms. Wheaton’s office was already closed. In January 1997, the client filed an application with the Lawyers’ Fund for Client Protection and received a gift of $500. In December 1998, Ms. Wheaton reimbursed the Fund for this gift. In July 1996, Ms. Wheaton agreed to represent the wife in a dissolution. Ms. Wheaton prepared the pleadings and sent them to her client in Germany. Ms. Wheaton received the signed pleadings back from the client in November 1996. By this time, she was ill and took no further action on this client’s case. The client received her file from the custodian. The signed pleadings were still in the file. Ms. Wheaton paid restitution to this client. By failing to properly advise her clients of problems in their cases and failing to promptly advise clients of her own illness, Ms. Wheaton violated RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter and to explain matters to the extent necessary to permit the client to make an informed decision; and RPC 1.15, requiring a lawyer to withdraw from a client’s case if the lawyer’s physical or mental condition materially impairs his or her ability to represent the client. Maria Regimbal represented the Bar Association. Melanie Hantze represented Ms. Wheaton. |
| Street Address |
422 N 3rd St # 257 |
| City | Shelton |
| State | WA |
| Zip Code | 98584-3416 |
| Country | United States |
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|---|---|---|---|---|
| Kathryn Amanda Kolan | Kathryn Kolan Public Affairs | 1860 Se Bloomfield Rd, Shelton, WA 98584 | 2011-04-07 | Active |
| Patricia Hays White | PO Box 146, Shelton, WA 98584-0146 | 1993-06-01 | Active | |
| Tyler Craig Bickerton | Mason County Prosecuting Attorney | PO Box 639, Shelton, WA 98584-0639 | 2014-10-20 | Active |
| Andrea Michelle Davison Esq | Callahan Law PS Inc | PO Box 130, Shelton, WA 98584-0130 | 2018-01-05 | Voluntarily Resigned |
| Karen Leann Hurley | Aegis Land Title Group | PO Box 278, Shelton, WA 98584-0278 | 2017-11-17 | Active |
| Janis L Snoey | 4771 E State Rte 3, Shelton, WA 98584 | 2003-11-13 | Inactive | |
| Bruce J. Finlay | Attorney at Law | PO Box 3, Shelton, WA 98584-0003 | 1989-11-09 | Active |
| William W. Edwards | Route 2 Box 649, Shelton, WA 98584 | 1939-02-01 | Suspended | |
| William Whitaker Monkman | Mason County Prosecutors Office | PO Box 639, Shelton, WA 98584-0639 | 2021-11-08 | Active |
| Monty Dale Cobb | Mason County Superior Court | PO Box X, Shelton, WA 98584-0078 | 1994-05-24 | Judicial |
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| Julie Anne Wheaton | 2115 S Monroe St, Spokane, WA 99203-1267 | 2013-02-21 | Suspended | |
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| Therese A. Mcguire | 7500 NE Day Rd W, Bainbridge Island, WA 98110-4205 | 1986-10-29 | Inactive | |
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