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Andrew M. Brackbill (WSBA No. 17090, admitted 1987), of Seattle, was suspended for six months, effective May 19, 2010, by order of the Washington State Supreme Court following approval of a stipulation. This discipline is based on conduct involving a failure to act diligently, communicate, and expedite litigation.
Clients A and B, owners of a restaurant, retained Mr. Brackbill to pursue a malpractice claim against an architect hired to do the remodel of a space they planned to lease. The clients paid Mr. Brackbill $750 in legal fees. The clients alleged the architect told them no sprinkler system was needed, which was not true. As a result, the clients paid tens of thousands of dollars to install the sprinkler system.
After some delay, on March 7, 2006, Mr. Brackbill filed a complaint against the architect in superior court. In July 2006, after the defendant filed an answer and counterclaim, Mr. Brackbill forwarded the pleadings to his clients. Mr. Brackbill failed to respond to the architect’s discovery requests to his clients, and in June 2007, the court compelled Mr. Brackbill’s clients to respond to the discovery requests. Again, Mr. Brackbill failed to respond, and in August 2007, the court dismissed the complaint. By subsequent agreement, Mr. Brackbill and the architect’s counsel agreed to dismiss the architect’s counterclaims for unpaid fees.
Client A repeatedly tried to obtain status reports from Mr. Brackbill, with only sporadic success, between 2006 and 2009. Client A had no idea about the discovery requests or that the case had been dismissed until after he filed a grievance with the Bar Association.
Mr. Brackbill’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4, requiring a lawyer to keep the client reasonably informed of the matter and comply with requests for information; RPC 3.2, requiring a lawyer to make reasonable efforts to expedite litigation consistent with the interests of the client; and RPC 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation.
Linda B. Eide represented the Bar Association. Mr. Brackbill represented himself. |