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Robert J. Verzani (WSBA No. 4415, admitted 1958), of Federal Way, has been suspended for 60 days by order of the Supreme Court effective February 15, 2002, following a hearing. The discipline is based upon his failure to abide by a client’s decisions regarding the objectives of the representation, and failure to communicate properly with that client in 1998 and 1999.
Mr. Verzani began representing Mr. R in 1995. Mr. R’s construction company was involved in a construction contract dispute with the Washington State Department of Corrections. Another contractor for the department project alleged that Mr. R’s company’s work was deficient, leading to deductions in the contract payments due Mr. R.
In October 1995, Mr. Verzani filed a notice of claim for Mr. R against the department. In January 1996, Mr. Verzani filed a lawsuit on the client’s behalf. In March 1996, the general contractor offered to settle the lawsuit. Mr. Verzani conveyed the offer to his client, but the client rejected the offer. Mr. Verzani counseled the client that there was a substantial likelihood that the client would not prevail in his claim. The client rejected this settlement amount three times.
In October 1997, the case was transferred to mandatory arbitration. The case was scheduled for arbitration on April 8, 1998. Two days prior to the arbitration, the defendants again made a settlement offer. Although this offer was for the same amount as the previous offers, Mr. Verzani accepted the offer and agreed to dismiss the lawsuit. He did not communicate this offer to his clients or obtain their authority to settle the case.
At the time Mr. Verzani accepted the settlement offer, he believed that it was in his client’s financial best interest to accept the settlement. Additionally, he was not prepared to conduct the arbitration hearing. When the client learned of the settlement, he indicated he did not approve and wanted the case re-opened. Mr. Verzani told the client the lawsuit had already been dismissed. The client received and cashed the settlement check and filed a grievance against Mr. Verzani. Mr. Verzani refunded all of the fees and costs to the client.
Mr. Verzani’s conduct violated RPC 1.2, requiring lawyers to abide by a client’s decisions concerning the objectives of representation; and RPC 1.4, requiring lawyers to keep clients reasonably informed about the status of their cases.
Douglas Ende represented the Bar Association. Leland Ripley represented Mr. Verzani. The hearing officer was David B. Condon.
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