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Shange H. Petrini (WSBA No. 40210, admitted 2008), of Canyon, California, was disbarred, effective December 27, 2010, by order of the Washington State Supreme Court following a default hearing. This discipline was based on conduct in two matters involving failure to act diligently, failure to communicate, excessive charges, failure to protect clients' interests, and failure to cooperate in a Bar Association investigation.
Matter No. 1: On October 21, 2008, Client A hired Mr. Petrini to file a dissolution action and paid him a $1,000 advance fee. Mr. Petrini met with Client A to sign the dissolution documents; during the meeting, Client A paid Mr. Petrini an additional $175. Mr. Petrini did not file the dissolution documents. He instead mailed the documents to Client A's husband, who eventually returned the documents with some changes. Client A called Mr. Petrini and left a message, stating that she agreed to the changes. Mr. Petrini did not return Client A's call or return the messages and e-mails she subsequently left in an effort to contact him. Mr. Petrini never filed Client A's dissolution action. He moved to California and abandoned his practice without informing Client A of his move or that he would no longer be working on her case.
In May 2009, Client A sent Mr. Petrini messages terminating the representation, and requesting a refund and copies of her documents. Mr. Petrini did not respond to Client A's messages or e-mails and never sent her a refund or copies of the documents he prepared. Client A could not afford to hire another lawyer to assist her with her dissolution.
On July 24, 2009, Client A filed a grievance against Mr. Petrini, a copy of which was forwarded to him with a request to respond to the grievance. Mr. Petrini failed to respond or cooperate in any way with the Bar Association's investigation of Client A's grievance, and failed to respond to the Bar Association's petition for interim suspension. On January 29, 2010, the Supreme Court suspended Mr. Petrini's license pending his cooperation with disciplinary proceedings. Mr. Petrini failed to submit the required affidavit of compliance, and remained suspended from the practice of law until his disbarment.
Matter No. 2: On March 6, 2009, Client B hired Mr. Petrini and paid him $2,000 to prepare and file an H-1B visa application. Client B told Mr. Petrini that it was important to file the application as close to April 1, 2009, as possible because his student visa was set to expire and his continued employment was dependent on the visa application being granted. Mr. Petrini prepared the necessary documents, which Client B signed. On April 7, 2009, Client B e-mailed Mr. Petrini to ask if there was anything else he needed to do. Mr. Petrini did not respond to Client B's e-mail or to any of Client B's subsequent attempts to contact him over the next two months. Mr. Petrini moved to California and abandoned his practice without informing Client B of his move or that he would no longer be working on Client B's case.
On June 11, 2009, Client B called the United States Citizenship and Immigration Service and learned that Mr. Petrini never submitted his application. Client B e-mailed Mr. Petrini again and told him that he wanted to cancel his contract and get his $2,000 back. Mr. Petrini did not respond. On July 1, 2009, Client B e-mailed Mr. Petrini again, demanding his money back. Mr. Petrini did not respond.
ln July 2010, Client B filed an H-1B visa application himself and later paid another lawyer $1,500 to complete the process for him. In October 2009, Client B filed a grievance against Mr. Petrini, which the Bar Association forwarded to Mr. Petrini and requested a response. Mr. Petrini did not respond to that or to subsequent requests. To date, Mr. Petrini has not responded to Client B's grievance.
In January 2010, Mr. Petrini refunded $1,000 to Client B. Client B wrote back to Mr. Petrini requesting the rest of the advance fee. Mr. Petrini did not respond. Client B went through great stress and aggravation, and had to pay another lawyer to complete the work that he had hired Mr. Petrini to do.
Mr. Petrini's conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4(a), requiring a lawyer to promptly inform the client of any decision of circumstance with respect to which the client's informed consent is required, reasonably consult with the client about the means by which the client's objectives are to be accomplished, keep the client reasonably informed about the status of the matter, promptly comply with reasonable requests for information, and consult with the client about any relevant limitation on the lawyer's conduct; RPC 1.4(b), requiring a lawyer to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; RPC 1.5(a), prohibiting a lawyer from making an agreement for, charging, or collecting an unreasonable fee or an unreasonable amount for expenses; RPC 1.16(d), requiring a lawyer, upon termination of representation, to take steps to the extent reasonably practicable to protect a client's interests; 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 in connection with a disciplinary matter.
Francesca D'Angelo represented the Bar Association. Mr. Petrini represented himself. David A. Thorner was the hearing officer. |