| Description: |
Charles L. Smith (WSBA No. 5357, admitted 1973), of Seattle, has been suspended for six months, following a stipulation adopted by the disciplinary board on January 12, 2000 and approved by order of the Supreme Court dated April 13, 2000. The discipline is based upon his pattern of failing to return client phone calls, failure to diligently represent a client, and filing a frivolous bankruptcy petition.
Matter 1: In March 1996, Mr. Smith began working as an associate lawyer at Brouner & Associates. In mid-March 1996, Mr. Smith represented a dissolution client. During the summer of 1996, the client attempted to reach Mr. Smith by telephone several times, but Mr. Smith did not return her calls. In November 1996, following a one-day trial, Mr. Smith received the draft final pleadings from opposing counsel. Mr. Smith did not notify his client of those draft pleadings or the hearing date. Mr. Smith did not appear at the hearing when the judge signed the final pleadings. Mr. Smith then withdrew from the case. His withdrawal was effective the day he received the signed, conformed final pleadings from opposing counsel. Mr. Smith did not send his client a copy of the final pleadings.
Matter 2: In July 1996, Mr. Smith represented a client in a residential placement matter. In February 1997, during a lengthy settlement meeting, the parties reached agreement. The client was present during the meeting and conferred with Mr. Smith. As Mr. Smith left the courthouse, the client realized he had misunderstood the agreement, but did not have an opportunity to discuss it with Mr. Smith. During the subsequent weeks, the client tried to reach Mr. Smith by telephone. Mr. Smith did not return his calls. The client terminated Mr. Smith’s representation.
Matter 3: In January 1997, Mr. Smith represented a client in a residential placement matter. In February 1997, the court approved the parties’ agreement to a 30-day protective order and a temporary residential placement order. The client was present in court when the orders were entered, but mistakenly believed that the residential placement expired after 30 days. She attempted to contact Mr. Smith by telephone, but he did not return her calls. A legal assistant did talk to the client, but the client still did not understand the order. By the end of March 1997, communication between Mr. Smith and his client broke down due to her failure to follow the terms of the earlier order. On April 1, 1997, opposing counsel faxed to Mr. Smith a motion for emergency relief , which was scheduled to be heard the next day. Mr. Smith did not discuss the motion or the hearing date with his client; however, a legal assistant told the client not to attend the hearing. Mr. Smith attended the hearing on April 2. He prepared a notice of withdrawal on April 1, 1997, which opposing counsel received on April 3, 1997. Although a legal assistant mailed a copy of the notice to the client, she did not receive it.
Matter 4: Mr. Smith represented the father in a dissolution and residential placement matter. Prior to a February hearing date, the client told Mr. Smith that he had contemporaneous journals and statements regarding the children’s care that might be helpful regarding the residential placement issues. Mr. Smith told the client that he was not interested in these materials. During March 1997, the client attempted to reach Mr. Smith by telephone, and Mr. Smith did not return his calls.
Matter 5: In February 1997, Mr. Smith represented a dissolution client. A temporary residential placement hearing was held in March 1997. In March and April 1997, the client attempted to reach Mr. Smith by telephone, but Mr. Smith did not return his calls.
Matter 6: In October 1997, Mr. Smith represented a client in a Chapter 13 bankruptcy proceeding. Between January and May 1998, the client attempted to contact Mr. Smith by telephone, but Mr. Smith did not return his calls.
Matter 7: On December 24, 1997, Mr. Smith filed a bankruptcy petition on behalf of Brouner & Associates PSC, a Washington corporation. At the time he filed the petition, Mr. Smith was aware that as a corporation, Brouner & Associates was not entitled to Chapter 13 relief. The schedules and statements filed with the bankruptcy petition failed to list all income, assets and liabilities. Mr. Smith knew the schedules and statements were inaccurate and intended to later file amended schedules. On April 3, 1998, United States Bankruptcy Judge Thomas T. Glover enjoined Mr. Smith from filing bankruptcy cases in the United States Bankruptcy Courts for the Western District of Washington for 90 days. The court also imposed monetary sanctions on Mr. Smith and another lawyer.
Matter 8: In January 1998, Mr. Smith represented a client in a Chapter 13 bankruptcy proceeding. Mr. Smith filed the client’s petition in March 1998. In May 1998, the bankruptcy trustee notified Mr. Smith and the client that the plan would not be approved unless it was amended to reflect higher income and creditor payments. Between May and August 1998, Mr. Smith’s office received copies of several notices from the bankruptcy court reiterating the requirements of the amended plan. During the summer of 1998, the client attempted to reach Mr. Smith by telephone, but Mr. Smith did not return his calls. A legal assistant did contact the client during this time. In August 1998, a legal assistant sent an amended plan to the bankruptcy court. The amended plan did not conform to the requirements set by the court, and was not signed by the client. Mr. Smith did not review the amended plan with the client or send the client a copy of the amended plan. The amended plan mistakenly understated the client’s income.
Mr. Smith’s conduct violated RPC 1.4, by engaging in a pattern of failing to return client phone calls and communicate adequately with a number of clients; RPC 1.3, by failing to prepare an accurate amended bankruptcy plan for one client, and failing to send draft final pleadings and notice of the hearing date to another client; and RPC 3.1, by filing the frivolous bankruptcy petition and inaccurate schedules on behalf of Brouner & Associates PSC.
Christine Gray represented the Bar Association. Charles L. Smith represented himself.
|