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John G. Ziegler (WSBA No. 5875, admitted 1974), of Waitsburg, has been censured pursuant to a stipulation approved by the Disciplinary Board on May 15, 2000. This discipline is based on his failing to diligently represent and adequately inform a client about the status of his case.
Mr. Ziegler represented the father in a dissolution action and post-dissolution modifications.
On May 3, 1996, the mother filed a petition to modify the parenting plan. The hearing was scheduled for May 13, 1996. Mr. Ziegler requested that opposing counsel continue the hearing twice because he was having difficulty obtaining financial information from his client. The hearing was continued to May 28, and then to July 8, 1996. Mr. Ziegler did not appear for the July 8 hearing. On the same day, opposing counsel served Mr. Ziegler with a motion for an order of default. Mr. Ziegler did not respond to the motion or appear at the hearing, so the court entered an order of default.
The court increased the father’s child-support payment based on an imputed income, and entered a judgment against him for back child support. Mr. Ziegler did not file a motion to vacate the default or to reconsider the orders, nor did he send copies of any of the motions or orders to the father. Mr. Ziegler states, however, that the father knew about the hearings and knew that Mr. Ziegler was waiting to receive financial information.
In May 1998, the father retained new counsel. In July 1998, the court set aside the default child-support orders and par\enting plan. The stipulated sanction in this case included several mitigating factors.
Mr. Ziegler’s conduct violated RPC 1.1, requiring lawyers to provide competent representation; and RPC 1.3, requiring lawyers to diligently represent their clients.
Jean McElroy represented the Bar Association. Mr. Ziegler represented himself.
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