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Mark D. Bantz (WSBA No. 7790, admitted 1977), formerly of Spokane, has been suspended for two years by order of the Supreme Court approving a stipulation effective March 4, 2002. The discipline is based on his failure to diligently represent three clients and failure to return unearned fees upon termination of representation from 1996 to 1998.
Matter 1: In 1999, Mr. Bantz agreed to file a lawsuit for a client against an automobile dealer for a flat fee of $750. During October and November, Mr. Bantz refused to give the client his law office phone number, making it difficult for the client to contact Mr. Bantz after January 2000. In April 2000, when no lawsuit had been filed, the client asked Mr. Bantz to return his fees and original papers. After the client called the WSBA, Mr. Bantz returned the original papers, but did not return the fees. In a bankruptcy proceeding, Mr. Bantz discharged the debt to the client.
Matter 2: In August 1998, Mr. Bantz agreed to substitute as counsel for plaintiffs in a lawsuit set for trial in January 1999. The clients paid a $2,700 advance fee deposit. Although the clients instructed Mr. Bantz to proceed to trial in January, the trial was indefinitely continued. The clients learned from the court administrator that Mr. Bantz told the court not to reschedule the trial until the court heard from him. Mr. Bantz failed to return the clients’ calls from January through May 1999. In May, the clients fired Mr. Bantz and asked him to return their advance fee deposit. When Mr. Bantz did not return the fee, the clients filed a complaint in small-claims court, but were unable to locate Mr. Bantz for service. In a bankruptcy proceeding, Mr. Bantz discharged the debt to the clients. In April or May 2000, Mr. Bantz stopped practicing law in Washington and moved to Alaska.
Matter 3: In 1993, Mr. Bantz agreed to represent a personal representative (PR). In October, beneficiaries of a will filed a petition contesting the will. After the court dismissed the will contest, the PR prepared a final accounting and inventory, and prepared to distribute the remaining estate assets. Mr. Bantz failed to take any action to close the estate; however, he paid himself $39,500 in fees from the estate.
One of the beneficiaries filed a petition to compel the PR to file the final report and distribute the remaining assets. Mr. Bantz did not respond to the petition or inform the PR of the petition; the court awarded attorneys’ fees against the PR. The client fired Mr. Bantz after the court issued a show-cause order asking why the client should not be removed as PR. The PR’s new counsel closed the estate and satisfied the judgment.
The court ordered Mr. Bantz to return $23,500 of the $39,700 in attorney’s fees. The client filed a civil complaint against Mr. Bantz for negligence. Mr. Bantz agreed to a stipulated judgment of $17,275.27, but then discharged the debt in bankruptcy.
Mr. Bantz’s conduct violated RPCs 1.3 and 3.2, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to keep their clients informed of the status of their matters; 1.15, requiring lawyer to refund unearned fees when representation is terminated; and 1.5(a), requiring lawyers’ fees to be reasonable.
Anthony Butler represented the Bar Association. Mr. Bantz represented himself.
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