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Robert E. Stark (WSBA No. 26732, admitted 1997),
of Bellevue, was disbarred, effective January 12,
2012, by order of the Washington State Supreme
Court following a default hearing. This discipline
is based on conduct in nine family law matters
involving failing to diligently represent clients,
failing to communicate, charging unreasonable
fees, failing to attend a court appearance, failing
to attend court appearances sober and prepared,
failing to cooperate in a disciplinary investigation,
and abandoning his law practice. Robert E. Stark is
to be distinguished from Robert Stark of Lansdale,
Pennsylvania.
Between June 2010 and December 2010, nine
different clients hired Mr. Stark, and paid him fees,
ranging from $390 to $4,000, to represent them in
their individual family law matters. In seven of the
matters, Mr. Stark failed to file documents necessary
to complete his clients’ dissolutions, and then
failed to respond in any way to the clients’ inquiries
requesting information about the status of their
dissolutions. In nine of the matters, Mr. Stark took
fees from clients and failed to perform the work he
agreed to do. Mr. Stark attended court appearances
on behalf of two clients when he was unprepared
and intoxicated, and failed to attend one client’s
hearing on January 11, 2011.
In 2011, grievances were filed against Mr. Stark
with the Bar Association by 10 different individuals
involved in the nine previously mentioned family
law matters. The Bar Association wrote Mr. Stark
requesting his response to each grievance. He did
not respond to the letters. The Bar Association
also personally served Mr. Stark with a subpoena
requiring his attendance at a deposition on March
30, 2011, but he did not attend the deposition.
Mr. Stark was evicted from his home. In April
2011, Mr. Stark’s landlord allowed one of Mr. Stark’s
clients to come into the home and search for her
client file. When she arrived, files were stacked
on the front and back porch of the home, and
the client was unable to locate her own file. After
that, all of the items in the home, including client
files, were taken to the dump by the landlord. A
receptionist at Mr. Stark’s business address told the
Bar Association that Mr. Stark no longer occupied
the office space at that location and had left no
forwarding address.
Mr. Stark’s conduct violated RPC 1.3, requiring
a lawyer to act with reasonable diligence and
promptness in representing a client; RPC 1.4(a)
(3) and (4), requiring a lawyer to keep the client
reasonably informed about the status of the matter
and promptly comply with reasonable requests for
information; RPC 1.5, prohibiting a lawyer from
making an agreement for, charging, or collecting
an unreasonable fee or an unreasonable amount
for expenses; RPC 8.4(d), prohibiting a lawyer
from engaging in conduct that is prejudicial to the
administration of justice; 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;
and RPC 8.4(n), prohibiting a lawyer from
engaging in conduct demonstrating unfitness to
practice law.
Erica W. Temple represented the Bar Association.
Mr. Stark did not appear either in person or
through counsel.
Andrekita Silva was the hearing
officer. |