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Ryan Mark Edgley (WSBA No. 16171, admitted 1986), of Yakima, was suspended for six months, effective June 3, 2010, plus 24 months of probation, by order of the Washington State Supreme Court following a hearing. Mr. Edgley was also ordered to receive a reprimand. This discipline was based on conduct involving failure to comply with mandatory continuing legal education (MCLE) requirements, practice of law while suspended, failure to notify clients of lawyer’s suspension, and failure to file an affidavit of compliance with ELC Title 14.
On March 1, 2007, Mr. Edgley missed the deadline to report his compliance with his continuing legal education (CLE) requirement for the 2004–2006 reporting cycle. On May 15, 2007, the Association sent Mr. Edgley a Notice of Apparent Non-Compliance, giving him 30 days to report his CLE compliance and stating that he must take action by June 18, 2007, or the CLE Board would take further action. Mr. Edgley signed a return receipt for the notice, but did not provide proof of his compliance by June 18, 2007. The Association sent Mr. Edgley a Pendency Letter on July 13, 2007, informing him that he must take action by July 27, 2007, or the Board would forward to the Supreme Court its recommendation that he be suspended for failure to comply with CLE requirements. On July 25, 2007, Mr. Edgley signed a return receipt for the Pendency Letter and petitioned the Board for an extension until December 31, 2007. The Board approved Mr. Edgley’s request for an extension on October 2, 2007, but warned that failure to comply would result in further action by the Board which may lead to an order by the Supreme Court suspending him from the practice of law. Mr. Edgley failed to provide proof of his compliance by December 31, 2007.
On January 16, 2008, the Association sent Mr. Edgley a second Pendency Letter, requiring him to take action by January 29, 2008, or the Board would recommend his suspension to the Supreme Court for failing to comply with his CLE requirements. Mr. Edgley signed a return receipt for the second Pendency Letter but did not provide proof of his compliance by January 29, 2008. On February 12, 2008, the Association left a voice-mail for Mr. Edgley advising him that he had until 5:00 p.m. on February 20, 2008, to provide proof of his compliance or his name would be sent to the Supreme Court on February 21, 2008, with a recommendation for his suspension due to non-compliance. Mr. Edgley did not provide proof of his compliance by February 20, 2008.
On February 28, 2008, the Association sent a letter, via registered mail, notifying Mr. Edgley of his impending suspension. The letter was returned “unclaimed.” On March 5, 2008, the Supreme Court entered an order suspending Mr. Edgley’s license to practice law for failure to comply with CLE requirements. The Association mailed Mr. Edgley a copy of the Court’s order via certified mail. On March 20, 2008, the copy of the order was returned to the Association, marked “unclaimed.” Mr. Edgley subsequently completed his CLE requirements and was reinstated to practice on April 23, 2008.
On July 21, 2008, the Association took Mr. Edgley’s deposition. At the deposition, Mr. Edgley confirmed that his business address on file with the Association was correct. Mr. Edgley testified he was unaware of his suspension until opposing counsel informed him on March 25, 2008. He admitted that when he learned of his suspension, he failed to notify all of his clients of his suspension or of his inability to act as a lawyer. He also testified that he did not file an affidavit of compliance with ELC Title 14, certifying that he had discontinued the practice of law and notified clients of his inability to act. Mr. Edgley stated that between March 5, 2008, and April 23, 2008, he continued to practice law, notwithstanding his suspended status. While suspended from practice, Mr. Edgley attended a mediation on behalf of a client and settled the client’s matter; advised clients on legal matters; drafted, filed, and mailed correspondence and other documents relating to client matters; prepared for depositions; communicated with opposing counsel regarding ongoing cases; and engaged in the practice of law on behalf of approximately 17 clients.
Mr. Edgley’s conduct violated RPC 5.5(a), prohibiting a lawyer from practicing law in a jurisdiction in violation of the regulation of the legal profession of that jurisdiction; RPC 5.8(a), prohibiting a lawyer from engaging in the practice of law while on inactive status, or while suspended from the practice for any cause; 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 (here, ELC Title 14).
Sachia Stonefeld Powell and Leslie C. Allen represented the Bar Association. Mr. Edgley represented himself. Dennis W. Morgan was the hearing officer. |