On Friday, March 15, 2024, the Supreme Court of Washington issued an order imposing a 30-day suspension on attorney F. Dana Kelley. The order stems from a stipulation agreed to by Kelley and the Office of Disciplinary Counsel of the Washington State Bar Association.
The case is entitled “In the Matter of F. Dana Kelley,” with case no. 202175-1.
According to the stipulation, Kelley represented Paul and Kathleen Snyder in a property dispute case against their neighbor, identified as DP, beginning in 2019. Kelley filed a petition on the Snyders’ behalf but then failed to take adequate steps to move the case forward, such as conducting discovery or investigating facts.
When the case went to trial in December 2022, Kelley was not fully prepared despite indicating the matter was ready. Kelley had not interviewed most witnesses provided by the Snyders or responded to motions from the opposing counsel. During the trial, Kelley declined to cross-examine the opposing witness or call rebuttal witnesses, despite concerns about the testimony shared by his client.
The court ultimately ruled in favor of DP and awarded a portion of the Snyders’ property. A new trial was later granted after the Snyders obtained new representation, with the judge noting the original decision relied mainly on the unchallenged testimony of DP due to Kelley’s lack of diligence.
After the Snyders filed a grievance, Kelley initially denied failing to cross-examine the witness but later acknowledged being mistaken during his deposition with the Office of Disciplinary Counsel. The stipulation identifies this as an aggravating factor under disciplinary rules.
In addition to the 30-day suspension, the stipulation mandates Kelley to pay $5,000 in restitution to the Snyders. It was signed in early 2024 and approved by the Washington Supreme Court in an order filed on March 15, 2024, officially imposing the disciplinary actions agreed to in the signed stipulation.
The Disposition states:
“IT IS ORDERED: F. Dana Kelley is suspended from the practice of law for 30 days. Pursuant to ELC 13.2, the effective date of suspension is seven days from the date of this order. Reinstatement to the practice of law is subject to the conditions specified in the stipulation.”
According to avvo.com, Ms. Kelley is a debt collection attorney in Spokane, Washington. She acquired her law license in Washington in 1987.
A copy of the original filing can be found here.