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Andrew Francis Hiblar Jr. (WSBA No. 7648, admitted 1977), of University Place, was suspended for three months, effective August 19, 2011, by order of the Washington State Supreme Court following approval of a stipulation. This discipline is based on conduct involving failure to deposit client funds into a trust account, failure to return a client’s file upon termination of representation, and noncooperation in a disciplinary investigation.
In April 2009, Mr. Hiblar was hired by the client to represent him in the dissolution of his marriage. Mr. Hiblar had no written fee agreement with the client, but informed him that he would charge an hourly rate of $175 and that he required $1,500 in advance fees. The client paid $650 and paid the remaining $850 in two installments. Mr. Hiblar commenced working on the case after the client paid the first installment of $650, but did not deposit any of the client’s advance fees into his trust account. Mr. Hiblar believed that he earned the funds paid by the client at the time he received these two payments, and there is insufficient evidence to prove otherwise. Mr. Hiblar never sent any billing statements to the client and did not maintain complete billing records for the legal services he provided to him. Mr. Hiblar
ultimately earned the $1,500 paid by the client.
On June 26, 2009, Mr. Hiblar filed a petition for dissolution for the client and a motion for a temporary order, including maintenance, because the client was unemployed. The motion was scheduled to be heard in September 2009. Mr. Hiblar agreed to continue the motion for temporary orders until December 2009 to allow opposing counsel to supply information regarding the finances of the client’s estranged spouse. Opposing counsel delayed producing the financial information and, consequently, the motion for a temporary order was not heard during the period that Mr. Hiblar represented the client. The client was dissatisfied with the delay in proceedings. On March 5, 2010, Mr. Hiblar received a letter from the client terminating his representation, and requesting the return of his client file and a $1,500 refund. Mr. Hiblar did not return the client file and did not respond to the client’s letter.
During March and April 2010, Mr. Hiblar was ill with the swine flu. This illness caused some, but not all, of the delay in responding to the client’s letter. Mr. Hiblar never provided the client with any billing statements or any type of accounting. On March 24, 2010, the client filed a grievance with the Bar Association. Mr. Hiblar received two letters from the Bar Association requesting his complete client file for the client and financial records relating to the representation. Mr. Hiblar did not respond to the requests.
On July 7, 2010, the Washington State Supreme Court entered an order approving a stipulation that Mr. Hiblar be suspended for nine months for, among other things, failing to cooperate with the Association’s investigation in an unrelated disciplinary matter. After his suspension, Mr. Hiblar was emotionally overwhelmed with closing his practice and dealing with his financial problems. On July 13, 2010, Mr. Hiblar requested an extension to respond to the Bar Association’s request for records, which the Association granted. Mr. Hiblar failed to respond to the Bar Association’s request for records by the deadline. On August 23, 2010, the Association personally served Mr. Hiblar with a subpoena duces tecum for a deposition on September 14, 2010. The subpoena duces tecum required Mr. Hiblar to produce the client’s file and financial records relating to his representation of the client. Mr. Hiblar appeared for his deposition, but failed to produce the requested records. During the deposition, Mr. Hiblar agreed to produce the subpoenaed records by September 21, 2010, which he failed to do. On September 22, 2010, the Association sent Mr. Hiblar a letter reminding him to produce the subpoenaed records or describe the search that he made for the records and the results of his search. Mr. Hiblar did not respond to it or produce the subpoenaed records. Later, Mr. Hiblar reported that he could no longer locate the client file for the client and the other materials subpoenaed by the Bar Association.
Mr. Hiblar’s conduct violated RPC 1.15A(c), requiring a lawyer to hold 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; 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, such as surrendering papers and property to which the client is entitled; 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.
Jonathan H. Burke represented the Bar Association. Mr. Hiblar represented himself. |