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Nicholas A. Fay (WSBA No. 47603, admitted 2014) of Bellingham, was disbarred, effective 1/25/2023, by order of the Washington Supreme Court. Fay’s conduct violated the following Rules of Professional Conduct: 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 1.15A (Safeguarding Property), 1.16 (Declining or Terminating Representation), 3.2 (Expediting Litigation), 8.1 (Bar Admission and Disciplinary Matters), 8.4(c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(l) ELC Violation..
In relation to his representation of a client A in a property dispute, and client B in a landlord-tenant dispute, the Hearing Officer recommended, and the Supreme Court ordered, that Fay be disbarred following a hearing. Fay was found to have violated the Rules of Professional Conduct by: 1) failing to keep client A reasonably informed about the status of their case and by failing to promptly comply with client A’s reasonable requests for information; 2) failing to act with reasonable diligence in representing client A and in handling their case; 3) by charging and collecting an unreasonable fee of more than $18,000 from client A; 4) by failing to respond to client A’s grievance; 5) failing to promptly provide client B an accounting of their funds upon client B’s request; 6) failing to respond to requests to explain IOLTA account overdrafts, failing to appear for a deposition, and failing to produce documents in response to a subpoena; 7) writing and depositing checks totaling $17,000 made out to Fay, without sufficient funds to meet those checks; and 8) failing to communicate with client A and client B, failing to provide a way for clients to obtain information about their legal matters, and by failing to maintain professional channels of communication by which Fay could be located or corresponded with by clients and others (such as the WSBA and process servers), Fay abandoned his practice without providing for his clients’ needs.
Erica Temple acted as disciplinary counsel. Nicholas A. Fay represented himself. Joseph M. Mano, Jr. was the hearing officer. The online version of Washington State Bar News contains links to the following documents: Hearing Officer’s Recommendation; Disciplinary Board Order Declining Sua Sponte Review and Adopting Hearing Officer’s Recommendation; and Washington Supreme Court Order.
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