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Gerald Bopp (WSBA No. 404, admitted 1970), of Issaquah, has been disbarred by order of the Supreme Court effective November 17, 1999, following a default hearing. The discipline is based upon his failure to diligently represent a client, practicing law while his license was suspended, and failure to cooperate with a Bar Association investigation.
Mr. Bopp represented a client in the Superior Court appeal of a small claims judgment. Mr. Bopp knew that statutes and court rules required his client to have the opposing party served with the Notice of Appeal, case schedule and other pleadings. Although Mr. Bopp told his client he would serve these documents, he did not. The court continued the hearing, specifically indicating in the order that the opposing party had not been served. Mr. Bopp again failed to serve the opposing party. The court granted Mr. Bopp’s motion for an Order of Default, Dismissal and Order to Disburse Funds.
After learning of the appeal and order, the opposing party obtained an order reinstating the original judgment and assessing $1,250 in terms against Mr. Bopp’s client for failure to serve the Notice of Appeal. Mr. Bopp did not attend this hearing, notify his clients of the hearing date, or send his clients copies of the pleadings or the court’s order. Mr. Bopp did not respond to the Bar Association’s requests for information in this case. Mr. Bopp’s conduct violated RPC 1.3, requiring a lawyer to exercise reasonable diligence in representing a client; RPC 3.4(c), prohibiting lawyers from knowingly disobeying an obligation under the rules of the tribunal; and RLD 2.8(b), requiring lawyers to cooperate with Bar Association investigations.
In October 1996, the Supreme Court suspended Mr. Bopp’s license for failure to comply with the Continuing Legal Education requirements. In May 1998, Mr. Bopp continued to advertise his legal practice in several phone directories. Mr. Bopp’s staff answered his phone "law offices" and were unaware of his suspension. The staff stated that Mr. Bopp continued to work on real estate transactions during his suspension. Mr. Bopp failed to respond to the Bar Association’s requests for response and deposition subpoena on this issue. Mr. Bopp’s conduct violated RLD 1.1(b) and (l), prohibiting lawyers from practicing while their license is suspended, and RLD 2.8(b), requiring lawyers to cooperate in Bar Association investigations.
Jonathan Burke represented the Bar Association. Mr. Bopp represented himself. Philip VanDerhoef was the hearing officer.
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