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Greg R. Tichy (WSBA No. 14686, admitted 1984), of Liberty Lake, was disbarred, effective January 13, 2010, by order of the Washington State Supreme Court following a default hearing. This discipline was based on conduct in several matters involving lack of diligence, trust account irregularities, practicing law while suspended, theft, dishonest conduct, conduct prejudicial to the administration of justice, disregard for a court order, and non-cooperation in a disciplinary investigation.
Matter No. 1: Beginning in 2005, Mr. Tichy represented Client A in an employment matter. In March 2007, the parties in the matter settled their dispute for $14,000. Having previously paid Mr. Tichy a flat fee for representation, Client A was entitled to all of the settlement funds. Mr. Tichy deposited the $14,000 settlement check into his general business account instead of his trust account. In May 2007, Mr. Tichy paid Client A $7,000 of the settlement funds, converting the remaining $7,000 to his own use. Client A subsequently sued Mr. Tichy for the remaining $7,000 of settlement funds and obtained a judgment against him, which Mr. Tichy paid.
Matter No. 2: Beginning in April 2007, Mr. Tichy represented Client B in an employment contract matter. Between April 13 and July 19, 2007, Client B made three advance payments of hourly fees to Mr. Tichy totaling $4,500. Mr. Tichy did not deposit the payments into his trust account and converted the funds to his own use before being entitled to receive them. Although Mr. Tichy eventually worked on Client B’s case, he provided no accounting or billing statements to Client B prior to December 2007. In July 2007, the opposing party in the matter indicated they were not willing to settle. Mr. Tichy informed Client B that he would immediately file a lawsuit. Client B paid Mr. Tichy another $500 in August 2007, to be used for filing fees and costs connected to the lawsuit. Mr. Tichy cashed the $500 check, converting the funds to his own use, and failed to file the lawsuit. In September 2007, Client B requested a refund of the $500 cost advance, which Mr. Tichy paid. In October 2007, Client B hired another lawyer to handle his legal dispute.
Matter No. 3: In 2008, Mr. Tichy sold a mobile home for $40,000 on behalf of Clients C and D. On June 5, 2008, Mr. Tichy deposited $39,750 of a $40,000 check for the mobile home sale proceeds to his trust account, taking the remaining $250 as cash. Mr. Tichy subsequently converted all the remaining sale proceeds to his own use, paying none of the proceeds to or for the benefit of Clients C and D.
Non-cooperation: In March 2008, Client B filed a grievance with the Bar Association against Mr. Tichy. Mr. Tichy did not provide a timely response to the grievance. On May 29, 2008, Mr. Tichy was served with a subpoena duces tecum by the Bar Association requiring him to appear for a deposition and produce his complete client file and all financial records related to his representation of Client B. Mr. Tichy appeared, but did not produce any financial records. The deposition was continued to August 7, 2008, for the production of the subpoenaed financial records. Mr. Tichy failed to appear at the August deposition or provide the requested records. In May 2008, Client A filed a grievance with the Bar Association against Mr. Tichy. Disciplinary counsel hand-delivered to him a copy of Client A’s grievance and a letter requesting a response to the grievance. Mr. Tichy never provided a response and failed to appear at an October 2008 deposition regarding Client A’s grievance. Mr. Tichy stopped communicating with the Bar Association after August 26, 2008.
Practice of Law While Suspended: Despite having requested and received more than one extension, Mr. Tichy did not complete and report his required 2004–2006 MCLE credits. The Washington State Supreme Court suspended Mr. Tichy from the practice of law, effective March 5, 2008. The Association notified Mr. Tichy of his suspension by letter, which was returned unclaimed. On March 6, 2008, Mr. Tichy sent a letter to an insurance company indicating that he was representing a client in a matter involving the company. A representative of the insurance company informed Mr. Tichy that he was suspended from the practice of law. In May 2008, Mr. Tichy filed a civil complaint in Spokane Superior Court on behalf of another client. In June 2008, Mr. Tichy was informed by disciplinary counsel that he was suspended from the practice of law and given a copy of the Supreme Court’s order suspending him. In September 2008, Mr. Tichy spoke to opposing counsel in the previously mentioned Spokane Superior Court civil matter about his pending summary judgment motion. In November 2008, the Bar Association opened a grievance in its own name against Mr. Tichy and sent him several letters requesting a response to the grievance. Mr. Tichy never responded to the grievance.
Mr. Tichy’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.15A(b), prohibiting a lawyer from using, converting, borrowing, or pledging client or third-person property for the lawyer’s own use; RPC 1.15A(c), requiring a lawyer to hold property of clients and third persons separate from the lawyer’s own property; RPC 5.8(a), prohibiting a lawyer from engaging in the practice of law while suspended from the practice of law for any cause; RPC 8.4(b), prohibiting a lawyer from committing a criminal act [here, theft] 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(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any unjustified act of assault or other act which reflects disregard for the rule of law; 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.
Christine Gray represented the Bar Association. Mr. Tichy did not appear either through counsel or in person. Richard B. Price was the hearing officer.
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