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Theodore A. Mahr (WSBA No. 19555, admitted 1990), of Moses Lake, was suspended for three years, effective November 10, 2009, by order of the Washington State Supreme Court following approval of a stipulation. The suspension is to be followed by one year’s probation upon reinstatement. This discipline is based on conduct in 19 different immigration matters involving lack of diligent representation, failure to communicate, charging unreasonable fees, failure to protect clients’ interests, violating the Rules of Professional Conduct, and dishonest conduct.
Mr. Mahr stipulated to engaging in the following conduct, between approximately May 2005 and May 2009, in one or more of the immigration matters:
• Failed to diligently represent clients.
• Failed to keep clients informed about the status of their matters, failed to respond to their inquiries, and failed to provide documentation to his clients and their families.
• Prepared and filed motions for voluntary departure, change of venue, and withdrawal as counsel without notice to, consultation with, and approval of clients.
• Failed to explain the scope of his representation and basis and factors involved in determining his charges to clients.
• Attempted to charge, and charged, clients or their families additional fees after they already paid a flat fee.
• Misrepresented to clients and their families that he would obtain the clients’ release from detention when, in fact, he did not, and misrepresented to one client and her husband the status of the client’s matter.
• After being terminated by clients for providing services of little or no value, failed to refund the unearned portion of the clients’ fees and failed to return clients’ files.
Mr. Mahr’s conduct violated RPC 1.2, requiring a lawyer to abide by a client’s decisions concerning the objectives of representation and to 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 promptly inform the client of any decision of circumstance with respect to which the client’s informed consent is required by the Rules, reasonably consult with the client about the means by which the client’s objectives are to be accomplished, keep the client reasonably informed about the status of the matter, and promptly comply with reasonable requests for information; RPC 1.5(a), prohibiting a lawyer from making an agreement for, charging, or collecting an unreasonable fee or an unreasonable amount for expenses; RPC 1.5(b), requiring that the scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation except when the lawyer will charge a regularly represented client on the same basis or rate; 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 giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payment of fee or expense that has not been earned or incurred; RPC 8.4(a), prohibiting a lawyer from violating or attempting to violate the Rules of Professional Conduct; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Kathleen A. T. Dassel represented the Bar Association. Mr. Mahr represented himself. |