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Gary H. Branfeld (WSBA No. 6537, admitted 1976), of University Place, received a reprimand based on a stipulation approved by the Disciplinary Board on May 18, 2001. The discipline is based upon his failure to diligently represent a client and making misrepresentations to the same client between 1997 and 1999.
In 1997, Mr. Branfeld agreed to represent a real estate development group in a dispute with a property-management company and an insurance company, involving possible fraud and embezzlement. Between February and July 1997, Mr. Branfeld worked on the client’s case. Later in 1997, Mr. Branfeld met with the client a second time and stated that he had drafted a couple of complaints. In late 1997, Mr. Branfeld stopped communicating with his client.
On October 9, 1998, Mr. Branfeld wrote a letter to the client implying that he had filed two lawsuits on the client’s behalf; however, he had not done so. The client asked Mr. Branfeld to return his files, which he did not do. In 1998, the client retained another lawyer to help obtain his files. Mr. Branfeld told this lawyer that he had filed two lawsuits on the client’s behalf. Mr. Branfeld did not return the client’s files even though the new lawyer and disciplinary counsel requested that he do so. Mr. Branfeld also failed to cooperate with the disciplinary investigation.
Mr. Branfeld’s conduct violated RPCs 1.2, requiring lawyers to competently represent their clients; 1.3, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to keep clients reasonably informed about the status of their matters; and 8.4(c), prohibiting lawyers from making misrepresentations.
Jean K. McElroy represented the Bar Association. Mr. Branfeld represented himself.
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