| Description: |
Jonathan Morrison (WSBA No. 31153, admitted 2001), of Port Orchard, was ordered to receive two reprimands plus one year’s probation, effective October 5, 2009, following approval of a stipulation by the Disciplinary Board. This discipline resulted from conduct, while representing two separate clients, involving failure to provide competent representation, lack of diligence, and improper withdrawal.
Client A: In 2008, on behalf of Client A, a defendant in a civil matter, Mr. Morrison faxed Plaintiff’s counsel a notice of appearance and an answer to the complaint. Mr. Morrison neglected to file either document with the court. Mr. Morrison subsequently negotiated with Plaintiff’s counsel to continue a hearing on Plaintiff’s summary judgment, but did not file a response to the motion for summary judgment. Shortly before the new hearing date, the judge’s bailiff advised Plaintiff’s counsel that Mr. Morrison had not filed a notice of appearance on behalf of Client A. Had Plaintiff’s counsel known that Mr. Morrison had not actually appeared on behalf of Client A, he would have moved for default earlier in the proceeding.
Client B: Mr. Morrison represented Client B in a criminal matter in 2006–2007. He negotiated a resolution with the prosecutor. Client B did not want to accept the resolution, fired Mr. Morrison, and hired new counsel. Mr. Morrison failed to file a notice of withdrawal, return the new counsel’s phone calls, or provide the new counsel with Client B’s file, all of which impeded the ability of the new counsel to represent Client B. The new counsel subsequently raised, for the first time, Client B’s competency to stand trial. Client B was found incompetent and the prosecutor dismissed the criminal matter.
Before being fired, Mr. Morrison also represented Client B in a forfeiture matter related to the criminal proceeding. A default was entered against Client B in that matter. Mr. Morrison failed to move to set aside the default or to perfect the appeal of the default order.
Mr. Morrison’s conduct violated RPC 1.1, requiring a lawyer to provide competent representation to a client; RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; 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 surrendering papers and property to which the client is entitled; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
Joanne S. Abelson represented the Bar Association. Patrick C. Sheldon represented Mr. Morrison. |