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Jeffery A. Richard (WSBA No. 28219, admitted 1998), of Seattle, was suspended for one year, effective upon the termination of his current suspension for failure to comply with continuing legal education requirements of APR 11, by order of the Washington State Supreme Court following a default hearing. This discipline is based on conduct involving practicing law while suspended. Jeffery A. Richard is to be distinguished from Jeffrey A. Richards of Bellevue.
On December 7, 2006, Mr. Richard was suspended from the practice of law for failure to comply with his 2003–2005 MCLE requirements. Notice of this suspension was sent to Mr. Richard via certified mail to the address on file with the Bar Association on November 30, 2006. Mr. Richard has remained in suspended status since December 7, 2006, and has never served an affidavit of compliance as required by the rules (ELC 14.3). On February 2, 2007, Mr. Richard filed a Petition to Appeal Ballot Title on behalf of clients in Thurston County Superior Court. On February 16, 2007, Mr. Richard appeared in court and presented argument on behalf of clients. Mr. Richard knew, but did not inform these clients, that his license to practice law was suspended.
On March 2, 2007, the Bar Association opened a grievance against Mr. Richard for practicing law while his license was suspended. By letters dated March 2, 2007, and April 6, 2007, the Bar Association asked Mr. Richard to respond to this grievance. Mr. Richard did not do so.
On March 15, 2007, Mr. Richard billed a client $22,902 for providing legal services from January 1, 2007, through March 15, 2007. Mr. Richard knew, but did not tell the client, that his license to practice law was suspended. On April 16, 2007, Mr. Richard was listed as one of the attorneys for the same clients on a Petition to Appeal Ballot Title filed in Thurston County Superior Court. In support of the petition, Mr. Richard prepared declarations for one of the petitioners and a witness. These declarations had the name and address of Jeffery A. Richard and Associates printed on them. Mr. Richard presented the petitioner and the witness with the declarations for their signature on or about April 6, 2007. Mr. Richard did not inform them that he was no longer an active lawyer.
Mr. Richard’s conduct violated RPC 1.4(b), requiring a lawyer to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, RCW 2.48.180, unlawful practice of law) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, 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 (here, ELC 5.3(e) and ELC 14.2) in connection with a disciplinary matter.
Francesca D’Angelo represented the Bar Association. Mr. Richard represented himself. |