In re Albertsen

420 P.3d 1218
CourtAlaska Supreme Court
DecidedMay 11, 2018
DocketSupreme Court No. S-17026
StatusPublished

This text of 420 P.3d 1218 (In re Albertsen) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Albertsen, 420 P.3d 1218 (Ala. 2018).

Opinion

Bar Counsel for the Alaska Bar Association and attorney Kenneth D. Albertsen entered into a stipulation for discipline by consent that would result in Albertsen's two-year-and-one-day suspension from the practice of law in Alaska. The Bar Association's Disciplinary Board approved the stipulation and now recommends that we do so, as well, and so suspend Albertsen. The facts of Albertsen's misconduct are set forth in the stipulation, attached as an appendix.1 We take these facts as true,2 and we apply our *1219independent judgment to the sanction's appropriateness.3

Based on the uncontested facts we agree with the legal analysis-set out in the stipulation-that a two-year-and-one-day suspension is an appropriate sanction for Albertsen's misconduct. Accordingly:

Kenneth D. Albertsen is SUSPENDED from the practice of law in Alaska for a period of two years and one day, effective 30 days from the date of this order. Within 60 days of this order Albertsen must pay $1,000 to the Alaska Bar Association for disciplinary expenses incurred in this matter. Reinstatement proceedings would be governed by Alaska Bar Rule 29(c). As a condition of any future reinstatement, Albertsen must: (1) provide a psychological evaluation addressing his ability to practice law; (2) certify that he has completed continuing legal education as specified in the stipulation; and (3) prepare a detailed plan, acceptable to Bar Counsel, for financial management, including an independent monitor, to be followed for two years after reinstatement as outlined in the stipulation.

Appendix

BEFORE THE ALASKA BAR ASSOCIATION

DISCIPLINARY BOARD

STIPULATION FOR DISCIPLINE BY CONSENT PURSUANT TO ALASKA BAR RULE 22(h)

Pursuant to Alaska Bar Rule 22(h), Kenneth D. Albertsen, Respondent, and Louise R. Driscoll, Assistant Bar Counsel, stipulate as follows:

JURISDICTION AND VENUE

1. Albertsen is an attorney at law admitted to practice by the Supreme Court of Alaska, and a member of the Alaska Bar Association.

2. Albertsen is subject to the Alaska Rules of Professional Conduct (ARPC) and to Part II, Rules of Disciplinary Enforcement, Alaska Bar Rules, giving the Alaska Supreme Court and the Disciplinary Board of the Bar jurisdiction to resolve this matter.

BACKGROUND FACTS

3. This stipulation addresses professional misconduct involving mishandling of client monies and neglect during Albertsen's representation of clients. The Bar investigated misconduct allegations in two grievances and conducted an audit of Albertsen's law office accounts during Bar disciplinary proceedings.

S.A. v. Albertsen ABA File No. 2016D096

4. On May 13, 2008, client S.A. hired Albertsen to foreclose on her late father's Alaska properties, including a house and a lodge in rural Alaska that her father had originally owned.

5. S.A. was living in Texas when she asked Albertsen to start the foreclosure proceedings. Albertsen did not tell her the total fee to be charged, but he told her to forward a $2,000 retainer upon hire. The parties never entered a written fee agreement, but Albertsen periodically sent billing statements. Albertsen and S.A. communicated by email and telephone.

6. Although a non-judicial foreclosure had been noticed, the foreclosure sale was continued to allow the parties to negotiate. As a result of the negotiations, approximately $2,900 was recovered from the adverse parties to the non-judicial foreclosure action.

7. Between January 2009 and June 2009, it became clearer to Albertsen, a knowledgeable real estate law practitioner, that a judicial foreclosure action would be required due to the resistance of the adverse parties, as well as an allegation of environmental contamination. Albertsen advised S.A. to proceed with a judicial foreclosure so that she would not wind up back in title to the properties. He also recommended ending the non-judicial foreclosure.

8. Albertsen converted the matter from a non-judicial foreclosure action to a judicial foreclosure action. He did not advise S.A. of additional fees and costs she might incur and *1220they did not enter a written fee agreement. Albertsen continued to send invoices regarding "non-judicial foreclosure."

9. Albertsen obtained a settlement of the judicial foreclosure action in 2011. The settlement resulted in a confession of judgment without action of $130,000, plus pre-judgment interest at the rate of 8% and post-judgment interest accruing after entry of judgment. Judgment was entered on August 26, 2011, and reflected pre-judgment interest of $11,682, for a total judgment recovered of $141,682.15. S.A. participated by telephone in the settlement conference and authorized the settlement.

10. Following the recovery of the judgment, Albertsen conducted a judgment debtor exam. He notified S.A. by email of the exam on July 2, 2012. S.A. called and left numerous messages for Albertsen following the exam, but he did not respond.

11. Albertsen sent two additional invoices following the filing of the judicial foreclosure complaint, one dated March 10, 2010, and one dated July 3, 2012. After the July 3, 2012 invoice, Albertsen did not communicate with S.A.

12. S.A. attempted to communicate with Albertsen over a period of months as reflected by her email:

An email from S.A. to Albertsen dated August 17, 2013, requesting information on the case;
An email from S.A. to Albertsen dated November 5, 2013, requesting information with no response;
An email from S.A. to Albertsen dated December 18, 2013, requesting Albertsen to inform her about what was happening, with no response;
An email from S.A. to Albertsen's office dated February 24, 2014, requesting somebody to call and let her know what was happening, with no response;
An email from S.A. to Albertsen dated June 9, 2014, requesting that Albertsen call, with no response;
An email from S.A. to Albertsen dated August 4, 2014, requesting that Albertsen please call her, with no response;
An email from S.A. to Albertsen dated December 1, 2014, requesting an update on litigation and judgment execution, and noting that she had not received any money, with no response;
An email from S.A. to an Anchorage attorney dated August 8, 2014, stating that S.A. had called Albertsen to fire him and request all files be turned over to new counsel which did not happen;
An email from S.A. to Albertsen dated March 9, 2015, requesting information on foreclosure regarding the home, a separate foreclosure action. Albertsen responded to this email on March 17, 2015, stating that he would proceed;
An email from S.A. to Albertsen dated July 20, 2015, requesting an update on foreclosure on the home, to which there was no response;
An email from S.A. to Albertsen dated November 10, 2015, stating that she was firing him as of December 1, 2015, and requesting the files;
An email from Albertsen to S.A.

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Bluebook (online)
420 P.3d 1218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-albertsen-alaska-2018.