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Robert H. Grundstein, (WSBA No. 20389, admitted 1991), of Morrisville, Vermont, was disbarred, effective June 25, 2012, by order of the Washington State Supreme Court. This discipline was based on conduct involving falsification of court records, conviction of a criminal offense that seriously adversely reflects on his fitness to practice law, engaging in conduct prejudicial to the administration of justice, and making false statements.
Mr. Grundstein is a resident of Vermont and at the time of hearing on September 26, 2011, had been on inactive status for approximately 10 years. Between October 2005 and December 2009, Mr. Grundstein:
• Falsified a document in connection with obtaining a gun permit and falsified records of criminal convictions;
• Filed frivolous lawsuits and pleadings related to or stemming from his criminal convictions in Ohio;
• Filed frivolous lawsuits and pleadings related to or stemming from his extradition from Vermont to Ohio in state and/or federal court;
• Filed motions, claims, appeals, and/or writs without foundation in connection with one or more civil cases;
• Disregarded court orders in one or more civil cases;
• Filed frivolous pleadings and/or appeals in one or more civil cases;
• Made false statements to the court and/or asserted frivolous claims or arguments in one or more civil cases;
• Repeatedly violated court orders or rules and/or repeatedly filed meritless pleadings, motions, and appeals and filed the same motions multiple times in one or more civil cases.
Mr. Grundstein testified at his disciplinary hearing that he will continue to file lawsuits and to disobey court orders if he believes they are unconstitutional, and will continue to file lawsuits until he believes his claims have been heard.
Mr. Grundstein’s conduct violated RPC 3.1, prohibiting a lawyer from bringing or defending a proceeding unless there is a basis in law and fact for doing so that is not frivolous; RPC 3.2, requiring a lawyer to make reasonable efforts to expedite litigation consistent with the interest of the client; RPC 3.3(a), prohibiting a lawyer from making false statement of fact or law to a tribunal or failing to correct a false statement of material fact or law previously made to the tribunal by the lawyer; RPC 3.4(a), prohibiting a lawyer from unlawfully obstructing another party’s access to evidence or unlawfully altering, destroying or concealing a document or other material having potential evidentiary value; RPC 3.4(b), prohibiting a lawyer from falsifying evidence or counseling or assisting a witness to testify falsely, or offering an inducement to a witness that is prohibited by law; RPC 3.4(c), prohibiting a lawyer from knowingly disobeying an obligation under the rules of a tribunal; RPC 4.4(a), prohibiting a lawyer from using means that have no substantial purpose other than to embarrass, delay, or burden a third person, or using methods of obtaining evidence that violate the legal rights of such persons; RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude or corruption, or any unjustified act of assault or other act which reflects disregard for the rule of law; RPC 8.4(j), prohibiting a lawyer from willfully disobeying or violating a court order directing him or her to do or to cease doing an act which he or she ought in good faith to do or forbear; and RPC 8.4(n), prohibiting a lawyer from engaging in conduct demonstrating unfitness to practice law.
Linda Eide represented the Bar Association. Mr. Grundstein represented himself. Lisa Marie Hammel was the Hearing Officer.
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