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Joseph Vanairsdale (WSBA No. 11994, admitted 1981), of Thurston County, has been suspended for 12 months, effective June 23, 2000, by order of the Supreme Court approving a stipulation. The discipline is based upon his closing his office without notifying his clients.
Matter 1: In April 1991, Mr. Vanairsdale agreed to collect a judgment for a client. He worked on the case for several years, but never completed it. In February 1996, he ceased practicing law without notifying his clients.
Matter 2: In 1991, Mr. Vanairsdale represented the husband in a dissolution. In March 1994 he filed a response to the wife’s dissolution petition, and in July 1995 he sent proposed findings of fact, conclusions of law and decree of dissolution to the wife. In November 1995, the clerk dismissed the petition for lack of prosecution. The notice indicates that Mr. Vanairsdale received notice of the clerk’s action, but he did not notify his client. In February 1996, Mr. Vanairsdale stopped practicing law without notifying his clients.
Matter 3: In February 1995, Mr. Vanairsdale agreed to probate his client’s mother’s estate. He filed the will in November 1995, but did not complete the probate. The client was unable to contact Mr. Vanairsdale until January 22, 1996, when he terminated Mr. Vanairsdale’s services and requested that his file be returned. Mr. Vanairsdale also represented this client in a rental dispute related to property the client owned. The parties settled the dispute and Mr. Vanairsdale deposited $450 into his trust account. In February 1996, he ceased practicing law without notice to his clients. He was not sure what happened to the client’s money.
Matter 4: In December 1995, Mr. Vanairsdale agreed to handle an estate. He filed the initial pleadings in February 1996 and then closed his law practice without notice to the clients.
Matter 5: In July 1993, Mr. Vanairsdale represented the wife in a dissolution action. In November 1993, he filed the client’s petition and agreed orders. In March 1994, the court entered the decree. Mr. Vanairsdale did not complete the QDRO, necessary to allow his client to receive her portion of the husband’s pension, and a note and deed of trust securing payment of the client’s portion of the equity in the home. The client called Mr. Vanairsdale about these matters several times. In November 1994, he told the client he would file the QDRO within a week, but did not do so.
Matter 6: In February 1991, Mr. Vanairsdale agreed to probate his client’s mother’s estate. He filed the will and advised the client that the probate did not need to be finalized until she wanted to sell the house. In September 1995, the client decided to sell the house and directed Mr. Vanairsdale to complete the probate. In December 1995, he sent the client pleadings to sign and she returned them to him. He did not file anything prior to ceasing his law practice.
By failing to diligently represent his clients and closing his law office without notifying his clients, Mr. Vanairsdale’s conduct violated RPC 1.3, requiring a lawyer to diligently represent clients; RPC 1.4(a), requiring lawyers to keep clients informed about the status of their cases; and RPC 1.15(d), requiring lawyers to protect their clients’ interests upon withdrawal from a matter. By failing to deliver the settlement funds to a client, Mr. Vanairsdale’s conduct violated RPC 1.14(b), requiring lawyers to preserve client funds in their possession and to deliver those funds upon request.
Joanne Abelson represented the Bar Association. Mr. Vanairsdale represented himself.
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