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Stephen R. Powell (WSBA No. 7727, admitted 1977), of Mill Creek, has been suspended for one year, effective March 27, 2001, by order of the Supreme Court, following a default hearing. This discipline is based on his failure to diligently represent three clients from 1993 through 1998.
Matter 1: In 1981, Mr. Powell agreed to represent a two-year-old minor in a personal-injury claim. The child fell through a stairway railing at an apartment complex. In 1986, Mr. Powell filed a lawsuit in King County Superior Court. On May 10, 1993, the court entered an order directing the plaintiff to move for default or note the matter for trial within 60 days, or the matter would be dismissed with prejudice. Mr. Powell did not file anything in response to the court’s order. On October 26, 1993, the clerk entered a dismissal in the case. Mr. Powell did not advise the client or her mother that the case had been dismissed. In 1997, the clients learned from the court file that the case had been dismissed. By this time, the child had turned 18 and the statute of limitations of her own claim was running.
Matter 2: In November 1997, Mr. Powell filed a notice of appeal of the Board of Industrial Appeals denial of his client’s Labor and Industries claim. The court issued a scheduling order at the time the case was filed. Mr. Powell requested a continuance of the trial date, which the court granted. Mr. Powell did not obtain a new trial date, and the clerk dismissed the case on December 1, 1998, with prejudice. In October 1999, the client learned that his case had been dismissed. The client requested that Mr. Powell return his file. As of the date of the hearing, Mr. Powell had not returned the client’s file.
Matter 3: In 1998, Mr. Powell agreed to look over a client’s workers’ compensation and employment claims. Mr. Powell told the client he would review her file and let her know in a week if he would take her case. He also told her that the statue of limitations was about to run out on her employment-discrimination claim. Mr. Powell never contacted the client again. The client left several messages for Mr. Powell over the next four weeks, but he did not return her calls. In August 1998, the client requested that Mr. Powell return her file. Mr. Powell returned the file in February 1999, when he delivered it to the Bar Association.
Matter 4: Mr. Powell did not respond to Disciplinary Counsel’s requests for information regarding these matters.
Mr. Powell’s conduct violated RPCs 1.3, requiring lawyers to diligently represent their clients; 3.2, requiring lawyers to expedite a client’s litigation; 1.4, requiring lawyers to keep clients reasonably informed of the status of their matters; 1.15(d), requiring lawyers to take steps to the extent reasonably practicable to protect a client’s interests upon withdrawal; and RLD 2.8, requiring lawyers to promptly comply with requests for information from disciplinary counsel.
Lawrence R. Schwerin represented the Bar Association. Mr. Powell represented himself. The hearing officer was Kimberly A. Boyce.
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