| Description: |
Antonio Salazar (WSBA No. 6273, admitted 1975), of Seattle, was suspended for one year, effective July 7, 2010, by order of the Washington State Supreme Court following a default hearing. Note: This order does not contradict or modify the order which disbarred Mr. Salazar from the practice of law, effective May 12, 2010. This discipline is based on conduct involving failure to act diligently, dishonest conduct, and a pattern of neglect demonstrating unfitness to practice law.
Matter No. 1: In March 2007, Mr. Salazar was retained to represent clients in a dispute regarding the sale of their truck and trailer. In April 2007, Mr. Salazar filed a Complaint for Damages in superior court on behalf of the clients. In June 2007, the opposing party filed for bankruptcy. Mr. Salazar advised his clients that, because of the pending bankruptcy action, they could not proceed with their lawsuit. The case was dismissed on August 16, 2007.
On August 24, 2007, Mr. Salazar’s office received notice that the opposing party’s bankruptcy had been dismissed. Mr. Salazar told the clients it would cost $500 to reopen the civil suit, and received two checks from the clients totaling $500 for filing fees to re-open their civil suit. Mr. Salazar’s office cashed both checks and recorded one in the client ledger. The other check was copied to the clients’ file, but was not entered in the register. Mr. Salazar took no action to reopen the suit and did not return the $500 to the clients. He ultimately told the clients that he would not work on their case, and sent them their file in June 2008. In a letter to the Association dated March 20, 2009, Mr. Salazar falsely stated that he “never agreed to reopen the case” and if the clients had sent his office checks to refile an action, then the checks would have been returned to the clients.
Pattern of Neglect: In July 1990, Mr. Salazar stipulated to censure for failing to complete a client’s alien employment labor certification application over a period of three years and for failing to file an extension of another client’s resident visa. In September 1994, a review committee of the Disciplinary Board admonished Mr. Salazar for failing to file a criminal defendant’s appeal brief, process his appeal, or notify the client that he was no longer working on his appeal. In February 1998, a hearing officer recommended that Mr. Salazar be admonished for failing to cooperate in eight separate disciplinary investigations. In December 1999, a review committee of the Disciplinary Board admonished Mr. Salazar for failing to ensure that his staff properly calendared an appeal date for a client in a BIA (Board of Immigration Appeals) appeal. In September 2001, a hearing officer recommended that Mr. Salazar be censured for failing to timely file a client’s appeal brief to the BIA. In February 2005, the Supreme Court suspended Mr. Salazar for failing to expedite his clients’ visa application, failing to respond to clients’ requests for information, failing to provide a client with an Immigration and Naturalization Services Request for Evidence letter in a timely fashion, failing to communicate to his client, failing to account to a client regarding his fees, and failing to respond promptly to the Association’s requests for responses regarding four separate grievances. In March 2008, a hearing officer recommended that Mr. Salazar be reprimanded for misrepresenting to opposing counsel that Mr. Salazar’s client had accepted a settlement offer when in fact he had not obtained his client’s agreement. On October 30, 2009, a hearing officer recommended that Mr. Salazar be disbarred. The hearing officer concluded that Mr. Salazar had engaged in a pattern of neglect with respect to client matters and caused serious injury, or potential serious injury, to more than one client. Mr. Salazar was subsequently disbarred effective May 12, 2010.
Mr. Salazar’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.5(a), prohibiting a lawyer from making an agreement for, charging, or collecting an unreasonable fee or an unreasonable amount for expenses; 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and 8.4(n), prohibiting a lawyer from engaging in conduct demonstrating unfitness to practice law.
Erica Temple represented the Bar Association. Mr. Salazar represented himself. Carl J. Carlson was the hearing officer. |