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Alan Mark Singer (WSBA No. 11970, admitted 1981), of Tukwila, was ordered to receive a reprimand on March 25, 2010, following approval of a stipulation by the hearing officer. This discipline was based on conduct involving failure to adequately supervise non-lawyer staff and practicing law while suspended. Mr. Singer is to be distinguished from Alan Michael Singer of Olympia.
In December 2008, Mr. Singer received a license renewal packet for 2009 from the Association. Between December 2008 and February 2009, the Association sent three e-mails to Mr. Singer reminding him about licensing renewal for 2009, which he had not yet completed. In March 2009, Mr. Singer’s office received a pre-suspension notice that was sent by the Association by certified mail, and later by e-mail, instructing him to take immediate action to avoid suspension. The Chief Justice of the Washington State Supreme Court entered an order (Order) in May 2009 suspending Mr. Singer from the practice of law, effective June 1, 2009, for failing to comply with licensing requirements.
Mr. Singer’s staff received a letter from the Association informing Mr. Singer about the suspension Order. Mr. Singer did not take the necessary actions to comply with his licensing. During the period in question, Mr. Singer directed his staff to take care of his licensing requirements, but he did not adequately supervise them and he did not check e-mails because he was having problems receiving spam.
On June 1, 2009, Mr. Singer was suspended from the practice of law under the May 2009 Order. Unaware of his suspension, Mr. Singer continued to engage in the practice of law, including signing and filing a notice of appearance in district court and appearing in a district court hearing on behalf of a client in a criminal matter. After the hearing, the court clerk informed Mr. Singer of his suspension. Mr. Singer ceased actively practicing law, but did not take the appropriate steps to cease holding himself out as a lawyer and allowed his office staff continued to work on legal matters for him. Mr. Singer’s office directory continued to list Mr. Singer as a lawyer and his correspondence continued to reflect that he was a lawyer.
In June 10, 2009, an Association investigator went to Mr. Singer’s office and informed his staff about the suspension, and they informed Mr. Singer about the investigator’s visit. That same day, Mr. Singer took the necessary steps to comply with his licensing requirements and obtain reinstatement. The Association opened a grievance against Mr. Singer for practicing law while suspended.
Mr. Singer’s conduct violated RPC 5.3, requiring a lawyer with direct supervisory authority over a non-lawyer to make reasonable efforts to ensure that the non-lawyer’s conduct is compatible with the professional obligations of the lawyer; and RPC 5.8(a), prohibiting a lawyer from engaging in the practice of law while on inactive status, or while suspended from the practice of law for any cause.
Jonathan H. Burke represented the Bar Association. Mr. Singer represented himself. William Edward Fitzharris, Jr. was the hearing officer.
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