| RPC: |
1.15 -
(prior to 9/1/2006) Declining or Terminating Representation
1.15A -
Safeguarding Property
1.16 -
Declining or Terminating Representation
1.2 -
Scope of Representation
1.3 -
Diligence
1.4 -
Communication
1.5 -
Fees
3.4 -
Fairness to Opposing Party and Counsel
5.5 -
Unauthorized Practice of Law
5.8 -
Misconduct Involving Disbarred, Suspended, Resigned, or Inactive Lawyers
8.4 (b) -
Criminal Act
8.4 (c) -
Dishonesty, Fraud, Deceit or Misrepresentation
8.4 (d) -
Conduct Prejudicial to the Administration of Justice
8.4 (j) -
Disobey Court Order
8.4 (l) -
Violate ELCs
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| Description: |
Jonathan D. Sweigert (WSBA No. 20781, admitted 1991), of Kirkland, was disbarred, effective March 18, 2009, by order of the Washington State Supreme Court following a default hearing. This discipline is based on conduct in 14 matters involving 55 counts of ethical violations.
Between approximately September 2005 and April 2008, Mr. Sweigert engaged in the following actions:
• Completed little or no work on behalf of clients;
• Failed to file lawsuits or serve all defendants in lawsuits within the statute of limitations;
• Failed to file or respond to motions;
• Failed to file documents required by court scheduling orders;
• Failed to forward interrogatories or serve answers to interrogatories;
• Failed to appear at scheduled hearings or pre-trial conferences, which resulted in clients’ cases being dismissed and the imposition of sanctions;
• Failed to keep clients reasonably informed regarding the status of their matters, and failed to respond to requests for information or keep scheduled appointments;
• Misrepresented to clients that their cases were in progress and/or nearing completion when they were not;
• Failed to inform clients that he would not appear at scheduled hearings or pre-trial conferences and, in one matter, intentionally misrepresented to a client that he was not able to attend an arraignment due to illness in order to obscure that fact that he was no longer licensed to practice law;
• Settled a case without clients’ knowledge or authority and failed to inform the clients of this settlement;
• Refused to refund clients’ fees after having done little or no work, and failed to account for or refund unused funds;
• Practiced law while suspended;
• Accepted fees from clients while suspended from practice, thereby committing the crime of second-degree theft by deception as proscribed by RCW 9A.56.040 and 9A.56.020(1)(b);
• Removed funds belonging to clients from his trust account and converted them to his own use;
• Failed to respond to disciplinary counsel’s requests for responses to grievances or appear at depositions; and
• Failed to serve disciplinary counsel with the required affidavit of compliance under Title 14 following suspension or inform clients that his license to practice law was suspended.
Mr. Sweigert’s conduct violated RPC 1.2(a), requiring a lawyer to abide by a client’s decisions concerning the objectives of representation and consult with the client as to the means by which they are to be pursued; 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, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; former RPC 1.5(a) and current RPC 1.16(a)(1), requiring a lawyer’s fee to be reasonable; RPC 1.15(a), prohibiting a lawyer from representing a client or, where representation has already commenced, from withdrawing from representation of a client, if the representation will result in violation of the rules or other law, the lawyer’s physical or mental condition materially impairs his ability to represent the client, or the lawyer is discharged; RPC 1.15A(c), requiring a lawyer to hold property of clients and third persons separate from the lawyer’s own property; RPC 1.16(d), requiring that a lawyer, upon termination of representation, take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client and allowing time for employment of other counsel; RPC 3.4(c), prohibiting a lawyer from knowingly disobeying an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists; RPC 5.5(a), prohibiting a lawyer from practicing law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; RPC 5.8(a), prohibiting a lawyer from engaging in the practice of law while on inactive status, or while suspended from the practice of law for any cause; RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; 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; and RPC 8.4(l), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct in connection with a disciplinary matter.
Francesca D’Angelo represented the Bar Association. Mr. Sweigert did not appear either in person or though counsel. Lee Grochmal was the hearing officer. |