Discipline Notice - Jerry L. Kagele

License Number: 4851
Member Name: Jerry L. Kagele
Discipline Detail
Action: Reprimand
Effective Date: 10/22/2009
RPC: 1.3 - Diligence
Discipline Notice:
Description: Jerry L. Kagele (WSBA No. 4851, admitted 1972), of Spokane, was ordered to receive a reprimand on October 22, 2009. This discipline is based on conduct involving failure to act diligently.

In 2002, Mr. Kagele represented an immigration client who had been placed in removal proceedings and whose wife had previously submitted an I-130 petition (an Immigration Petition for Relative seeking authorization to legally reside in the United States). During a June 2002 hearing before the Immigration Court, Mr. Kagele was directed by the immigration judge to file a copy of the form I-797 receipt notice that had been received by his client’s spouse, which would evidence when the I-130 petition had been filed. The immigration judge also directed Mr. Kagele to file a signed form EOIR-28 Notice of Appearance “in the next week.” Mr. Kagele had received both a copy of the notice and a signed form from his client in April 2002, but failed to promptly file either as directed.

Mr. Kagele’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client.

Debra J. Slater represented the Bar Association. Kurt M. Bulmer represented Mr. Kagele. David A. Thorner was the hearing officer.


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