| Description: |
Alexander W. Gambrel (WSBA No. 24018, admitted 1994), of Belgrade, Montana, was suspended for two years, effective July 7, 2011, by order of the Washington State Supreme Court following approval of a stipulation.
This discipline was based on conduct involving failure to act diligently in a client matter, failure to communicate, failure to safeguard client property, withholding client funds, trust account irregularities, failure to protect clients’ interests, failure to expedite litigation, and failure to cooperate with a grievance investigation. Conditions are imposed when Mr. Gambrel returns to practice.
Between late 2007 and October 2008, Mr. Gambrel represented five clients, during which he engaged in the following misconduct:
• Failed to diligently handle clients’ cases and to expedite a lawsuit;
• Failed to keep clients informed of the status of their matters, promptly respond to clients’ phone messages requesting information, or explain matters to the extent reasonably necessary for clients to make informed decisions regarding the representation;
• Failed to communicate the basis or rate of his fee to one client, and failed to explain to a second client who paid a $2,500 nonrefundable “flat fee advancement for fees
and costs” which portion was for fees and which portion was for costs;
• Failed to deposit earned fees of between $2,000 and $3,000 into his trust account, instead depositing them into his general account without first notifying the clients of his intention to do so, and without providing written accountings of his distributions of the funds or keeping the clients informed regarding the status of their bills or the handling of their funds;
• Failed to deposit advance fees of $2,500 into a trust account; and
• Failed to promptly refund money that clients were entitled to receive.
During the Bar Association’s investigation of the grievances filed by clients in the referenced matters, Mr. Gambrel failed to promptly respond to the Association’s requests for information or cooperate with the investigation by producing requested records.
Mr. Gambrel’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 by these rules, reasonably consult with the lient 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(b), requiring that a lawyer communicate the scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible, preferably in writing, before or within a reasonable time after commencing the representation; RPC 1.15A(c), requiring a lawyer to hold the property of clients and third persons separate from the lawyer’s own property; RPC 1.15A(e), requiring a lawyer to promptly provide a written accounting to a client or third person after distribution of property or upon request, and to provide at least annually a written accounting to a client or third person for whom the lawyer is holding funds; RPC 1.15A( f ), requiring a lawyer to promptly pay or deliver to the client or third person the property which the client or third person is entitled to receive; RPC 1.15A(h)(3), prohibiting funds belonging to the lawyer from being deposited or retained in a trust account; RPC 1.16(d), requiring that, upon termination of representation, a lawyer take steps to the extent reasonably practicable to protect a client’s interests, such as 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 3.2, requiring a lawyer to make reasonable efforts to expedite litigation consistent with the interests of the client; 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.
Marsha A. Matsumoto and Deborah J. Slater represented the Bar Association. Mr. Gambrel represented himself. Timothy J. Parker was the hearing officer. |