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Darrell W. Marshall (WSBA No. 21600, admitted 1992), of SeaTac, was disbarred, effective November 12, 2008, by order of the Washington State Supreme Court following a default hearing by the Disciplinary Board. This discipline is based on conduct involving repeated violations of criminal laws, failure to act with reasonable diligence, failure to communicate, charging unreasonable fees, failure to refund unearned fees, and failure to cooperate in a disciplinary investigation.
Criminal-Law-Related Conduct: From the period of June 2002 to December 2006, Mr. Marshall was repeatedly involved in criminal proceedings in various district and municipal courts. In June 2002, he was charged with driving under the influence, hit-and-run with property damage, and assault in violation of the Seattle Municipal Code. Mr. Marshall was found guilty on all three counts. The court sentenced him to a 60-day suspended sentence and placed Mr. Marshall on probation, the conditions of which required that he maintain law-abiding behavior and that he have no alcohol- or drug-related violations. Mr. Marshall was twice sentenced to serve jail time for violating these terms. In July 2003, he was charged with violations of RCW 46.61.502 (driving under the influence) and RCW 46.20.342 (driving with a suspended license). In April 2004, Mr. Marshall pleaded guilty and was sentenced to 365 days in jail with 331 days suspended, the conditions of which required that he maintain law-abiding behavior and that he have no alcohol- or drug-related violations.
During the next two years, Mr. Marshall failed to comply with the probation conditions, and the court issued at least four bench warrants for failure to comply and/or appear. In October 2005, Mr. Marshall was charged with violating the Seattle Municipal Code by giving false information to a police officer who had stopped him for suspicion of possessing an open container of alcohol. The charge was later amended to obstructing an officer. Mr. Marshall pleaded guilty and was sentenced to a 24-month suspended sentence and four days in jail with credit for time served. The conditions of the suspension required that he maintain law-abiding behavior and that he have no alcohol- or drug-related violations. In April 2006, Mr. Marshall failed to appear for a review hearing, and a warrant was issued for his arrest. On April 10, 2006, the court revoked three days of the suspended sentence and sentenced him to jail, with credit for time served. In December 2005, Mr. Marshall was charged with violating the Seattle Municipal Code for theft, attempted assault, and false reporting in connection with an incident in which he attempted to shoplift three bottles of wine. Mr. Marshall pleaded guilty to false reporting, and the other charges were dismissed. The court sentenced him to a 24-month suspended sentence and 185 days in jail to run concurrent with any other holds and with credit for time served. In June 2006, Mr. Marshall was charged with violating RCW 9A.88.010 based on an incident in which he removed his clothes in a public park. Mr. Marshall represented himself in this proceeding. He failed to appear for trial on December 5, 2006, as ordered by the court on October 17, 2006. The court issued a warrant for Mr. Marshall’s arrest, which is outstanding.
Client-Representation Conduct: A client hired Mr. Marshall to represent him in a criminal matter and paid Mr. Marshall $800 in three separate installments. Mr. Marshall did not discuss the case with the client, did not provide an accounting of his fees, did not return telephone calls, and did not appear for the readiness hearing. The client appeared without counsel and the court appointed new counsel. Mr. Marshall did not refund the fees.
Failure to Cooperate in Disciplinary Investigation: The Association opened a grievance against Mr. Marshall on September 20, 2006. Disciplinary counsel sent a letter to Mr. Marshall’s address on file with the Association requesting a response to the grievance. The letter was returned as undeliverable. The Association sent a second letter on October 25, 2006, to a new address on file with the Association. This letter was not returned. Mr. Marshall did not respond to the letter. On November 28, 2006, disciplinary counsel sent a 10-day letter by certified mail, seeking a response by December 11, 2006. The letter was returned with a notation that Mr. Marshall had moved and left no forwarding address. Mr. Marshall did not respond to the grievance. The Association’s investigator attempted to make personal contact with Mr. Marshall by seeking him at several addresses on file with the Association and by contacting members of Mr. Marshall’s family. Each attempted contact was unsuccessful. The Association filed a Formal Complaint and Notice to Answer on November 30, 2007. As of the date of the Formal Complaint, all efforts to locate Mr. Marshall had failed.
Mr. Marshall’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter; former RPC 8.4(i), prohibiting a lawyer from committing any act which reflects disregard for the rule of law; former RPC 8.4(j), prohibiting a lawyer from willfully disobeying or violating a court order directing him or her to do or cease doing an act which he or she ought in good faith to do or forbear; RPC 8.4(l), prohibiting a lawyer from violating a duty imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(e)) in connection with a disciplinary matter; RPC 1.16(d), requiring a lawyer, upon termination of representation, to take steps to the extent reasonably practicable to protect a client’s interests, such as refunding any advance payment of fee or expense that has not been earned or incurred.
Joanne S. Abelson represented the Bar Association. Mr. Marshall did not appear either in person or through counsel. Bertha B. Fitzer was the hearing officer. |