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Adrian B. Pimentel, (WSBA No. 23564, admitted 1994), of Poulsbo, was ordered to receive a reprimand following approval of a stipulation by the Chief Hearing Officer on August 8, 2008. This discipline was based on conduct involving failure to communicate with client, failure to act promptly and diligently to represent his client, failure to secure a promissory note, and failure to refund unearned fees.
On July 6, 2006, Mr. Pimentel was hired to represent Client A on misdemeanor criminal charges. Client A’s grandmother (“Grandmother”) paid Mr. Pimentel a $4,000 flat, non-refundable fee. Client A’s first hearing was scheduled for August 9, 2006, but per Mr. Pimentel’s request “to better prepare,” the hearing was continued to August 30, 2006. Mr. Pimentel failed to appear for the August 30, 2006 hearing. After calling Mr. Pimentel’s office, the court rescheduled the hearing to September 6, 2006. At the September 6, 2006, hearing, Mr. Pimentel requested and obtained another continuance. The hearing was continued to October 25, 2006, but Mr. Pimentel failed to appear. The judge appointed another lawyer to represent Client A and the matter was settled that morning.
Mr. Pimentel’s client files reflects that he did little, if any, work on Client A’s case. Client A called Mr. Pimentel repeatedly and Mr. Pimentel did not return his calls. Grandmother called and wrote Mr. Pimentel asking him to return the fee paid to him and Mr. Pimentel did not respond. In March 2007, Mr. Pimentel, Grandmother, and Client A engaged in a WSBA fee dispute mediation; Mr. Pimentel signed an agreement to refund the $4,000 to Grandmother at the rate of $50 per month and to sign a promissory note for the $4,000 secured by a deed of trust. Mr. Pimentel did not sign the deed of trust. After making his June and July payments, Mr. Pimentel defaulted on the note when he failed to make his scheduled August payment.
On August 21, 2007, Grandmother sent a letter to Mr. Pimentel stating that he had not made his August payment and the deed of trust had not been returned. Grandmother also informed the Association. Mr. Pimentel did not respond until December 7, 2007, when he sent a check in the amount of $350 to Grandmother. In early 2008, Mr. Pimentel repaid the entire amount due to Grandmother.
Mr. Pimentel’s conduct violated former and current RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former and current RPC 1.4, requiring a lawyer to promptly inform the client of any decision of circumstance with respect to which the client's informed consent is required by these Rules; former RPC 1.5(a), requiring a lawyer to have reasonable fees; and former and current RPC 1.15(d), requiring a lawyer to promptly notify a client or third person of receipt of the client or third person's property.
Kathleen A. T. Dassel represented the Bar Association. Leland G. Ripley represented Mr. Pimentel. James Danielson was the Chief Hearing Officer.
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