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James A. Lanza (WSBA No. 11625, admitted 1981), of Port Townsend, was suspended for six months, effective November 25, 2011, by order of the Washington State Supreme Court following approval of a stipulation. This discipline is based on conduct involving practicing law while suspended and violating duties on suspension.
Mr. Lanza failed to pay his 2010 annual licensing fees to the Bar Association by the February 1, 2010, deadline. On February 22, 2010, the Bar Association sent Mr. Lanza a pre-suspension notice by certified mail, which gave him an additional 60 days to pay his licensing fees. The letter warned him that if he failed to comply, the Supreme Court would enter an order suspending him from the practice of law. Mr. Lanza signed the return receipt on March 2, 2010, indicating that he had received the notice, but did not take any action to pay his licensing fees within the 60 days.
On May 4, 2010, the Supreme Court entered an order suspending Mr. Lanza from the practice of law effective May 11, 2010, for failure to pay his licensing fees. That same day, the Bar Association sent Mr. Lanza a letter by certified mail informing him of his suspension and its effective date. In that letter, the Bar Association also informed Mr. Lanza of his duties on suspension, including the fact that he was prohibited from any further practice of law until reinstated and that, within 25 days of his suspension, he was required to file an affidavit showing full compliance with notice provisions of ELC Title 14. Mr. Lanza signed the return receipt indicating that he had received the notice of suspension and duties on suspension letter.
Mr. Lanza failed to file an affidavit of compliance as required by ELC 14.3. On June 10, 2010, after the effective date of his suspension, Mr. Lanza signed a collection complaint as the attorney for a collection service company. The complaint was filed in district court. Mr. Lanza’s conduct constituted the unauthorized practice of law.
Mr. Lanza’s conduct violated RPC 5.5(a), prohibiting a lawyer from practicing law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction; RPC 5.8(a), prohibiting a lawyer from engaging in the practice of law while on inactive status, or while suspended from the practice of law for any cause; 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.
Francesca D’Angelo represented the Bar Association. Mr. Lanza represented himself. |