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Thomas J. Alexiou (WSBA No. 21440, admitted 1992), of Edmonds, was ordered to receive two reprimands following approval of a stipulation by the Chief Hearing Officer on April 10, 2012. This discipline was based on conduct involving failure to act with reasonable diligence, failure to communicate, charging unreasonable fees, and failure to expedite litigation.
In June 2008, Client A hired Mr. Alexiou to draft documents and obtain an uncontested divorce. Although the petition and summons that Mr. Alexiou drafted were signed by both parties in August 2008, Mr. Alexiou failed to file them until August 2009. Three months after the documents were filed, Client A’s wife was told by the court that the divorce was not final because Mr. Alexiou had not filed all of the necessary documents. Client A and his wife called and sent letters to Mr. Alexiou during the next year, but he generally did not return their calls, answer their letters, or provide them with documents or the status of their matter. When Mr. Alexiou did speak to them, he made excuses for failing to obtain the divorce. When Client A and his wife were still not divorced by December 2010, Client A’s wife filed a grievance with the Bar Association. After Mr. Alexiou completed and filed the complete dissolution documents with the court, it granted the divorce on June 28, 2011.
In November 2010, Client B’s grandmother paid Mr. Alexiou $5,000 to represent her grandson, who was incarcerated on criminal charges. Mr. Alexiou agreed to take the matter to conclusion (whether by plea or by trial), entered his appearance in the matter, and was granted a trial continuance. After failing to contact Client B by January 24, 2011, Client B’s father called Mr. Alexiou, who told him that he had negotiated a plea that would be entered on January 28, 2011. Mr. Alexiou told Client’s father that he would contact him when the plea was entered. Mr. Alexiou did not appear for the scheduled plea entry or for two rescheduled plea entry dates, did not contact Client B or his father, and did not return phone calls. In February 2011, Client B’s grandmother sent Mr. Alexiou a certified letter requesting the return of the $5,000 fee. In April 2011, a Superior Court judge removed Mr. Alexiou from the case and appointed a public defender to represent Client B to enter his plea. In December 2011, Mr. Alexiou refunded $2,500 of the fee paid by Client B’s grandmother.
In October 2009, Client C paid Mr. Alexiou $2,500 to modify a parenting plan to obtain custody of his fifteen-year old daughter. Mr. Alexiou told Client C that the hearing would be scheduled by Thanksgiving 2009. Mr. Alexiou did not prepare a parenting plan or provide legal services in the matter, return Client C’s phone calls, or inform him of the status of the case between November 2009 and May 2011. In December 2011, Mr. Alexiou refunded Client C’s entire fee.
In August 2009, Client D paid Mr. Alexiou $1,000 to obtain a divorce from his wife, who had been estranged from Client D for over 20 years. Between September 2009 and April 2011, Client D called and sent letters and emails to Mr. Alexiou, who generally did not respond or provide Client D with documents or the status of his matter. On two separate occasions, Mr. Alexiou requested that Client D send him copies of Client D’s file because Mr. Alexiou had misplaced it. Mr. Alexiou did not prepare or file the divorce documents or provide legal services in the matter, although he did have contact on one occasion with a private investigator and process server who could not locate Client D’s wife. In December 2011, Mr. Alexiou refunded Client D’s entire fee.
Mr. Alexiou’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4(a), 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(a), prohibiting a lawyer from making an agreement for, charging, or collecting an unreasonable fee or an unreasonable amount for expenses; and RPC 3.2, requiring a lawyer to make reasonable efforts to expedite litigation consistent with the interests of the client.
Kathleen A.T. Dassel represented the Bar Association. Mr. Alexiou represented himself. Joseph Nappi, Jr. is the Chief Hearing Officer.
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