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Theodore A. Mahr (WSBA No. 19555, admitted 1990), of Moses Lake, was disbarred, effective December 27, 2010, by order of the Washington State Supreme Court following a default hearing. This discipline is based on conduct involving failure to act with reasonable diligence, failure to communicate, charging unreasonable fees, failure to protect clients’ interests, false statements to a tribunal, conversion of clients’ funds, dishonesty, and noncooperation during the investigation of a disciplinary matter.
Between May 2006 and January 2010, Mr. Mahr was hired by clients to represent them in fourteen different immigration matters. Mr. Mahr charged these clients flat fees and, in many of the matters, either did not diligently pursue the work required or did not complete or even start the outlined legal work. Mr. Mahr’s lack of diligence often resulted in delays in the clients’ cases. Mr.
Mahr’s conduct in these matters included:
• Failing to appear at scheduled hearings, file applications and, in one matter, file an appeal;
• Failing to adequately communicate with clients about their cases or the basis for the fee he was charging them and, in some cases, making misrepresentations to clients in order to receive additional funds;
• Making misrepresentations about his fee to a small claims court after being sued by clients;
• Forging a client’s signature on a petition;
• Withdrawing from representation of clients without explanation and then failing to return clients’ repeated phone calls or refund their unearned fees;
• Failing to inform clients, opposing counsel, or the court about his three-year suspension, effective November 10, 2009, and continuing to accept fees from clients following the effective date of the suspension;
The Office of Disciplinary Counsel (ODC) sent certified letters regarding each grievance to Mr. Mahr, seeking his response and requesting clients’ files and other information. Mr. Mahr did not claim the letters and never responded to the requests.
Mr. Mahr’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 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 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 1.5(b), requiring the lawyer to communicate to the client, preferably in writing, before or within a reasonable time after commencing the representation the scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible; RPC 1.16(d), requiring the lawyer, upon termination of representation, to take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred; RPC 3.3(a), prohibiting a lawyer from knowingly making a false statement of fact or law to a tribunal or failing to correct a false statement of material fact or law previously made to the tribunal by the lawyer; RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; 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.
Linda B. Eide represented the Bar Association. Mr. Mahr did not appear either in person or through counsel. Lawrence R. Mills was the hearing officer. |