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Joey Cano (WSBA No. 31200, admitted 2001), formerly of Kennewick, was ordered to receive a reprimand on July 8, 2008, following approval of a stipulation. This discipline was based on conduct involving dishonest conduct.
In 2006, Mr. Cano started working as an associate at a law firm in Kennewick. In each case on which he worked, the clients had retained the firm, not Mr. Cano personally. In March 2007, Mr. Cano had a dispute with management at the firm. After a meeting with the firm's owner on Friday March 16, 2007, he decided to leave the firm. Mr. Cano did not inform the owner that he intended to leave until the morning of the following Monday, March 19, 2007. He entered the firm's offices on Sunday, March 18, 2007, and removed all of the client files that had been assigned to him. On the same day, Mr. Cano sent a letter to all of the affected clients informing them that he had left the firm and taken their files and asking them to call him at his new office and advise whether they wanted their files transferred back to the firm. Mr. Cano did not inform the clients beforehand that he would be removing their files from the firm's office. On the morning of Monday, March 19, 2007, Mr. Cano called the owner of the firm and informed her that he was leaving the firm, but did not tell her that he had removed the client files. After receiving the call, the firm's owner instructed office staff to enter Mr. Cano’s office and retrieve the client files so that they could be reassigned. Staff discovered that the files were gone. The firm's owner made various attempts to contact Mr. Cano that morning, leaving voice mail messages for him at several numbers. When he returned the call that afternoon, the firm’s owner informed Mr. Cano that she would call the police and file a bar complaint if he did not return the files by 5:00 p.m. Mr. Cano returned the files, undamaged, at approximately 3:45 p.m. that day. Some clients contacted the firm and were upset by the firm's temporary loss of their files.
Mr. Cano’s conduct violated RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
M. Craig M. Bray represented the Bar Association. Mr. Cano represented himself. The Hearing Officer was James M. Danielson.
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