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Frank Shigaihisa Homsher (WSBA No. 26935, admitted 1997) of Edmonds, resigned in lieu of discipline, effective 5/01/2023. Homsher agrees that he is aware of the alleged misconduct in disciplinary counsel’s Statement of Alleged Misconduct and rather than defend against the allegations, wishes to permanently resign from membership in the Association. The Statement of Alleged Misconduct reflects the following violations of the Rules of Professional Conduct: 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.3 (Diligence), 1.4 (Communication), 1.16 (Declining or Terminating Representation), 3.2 (Expediting Litigation), 3.4 (Fairness to Opposing Party and Counsel), 5.3 (Responsibilities Regarding Nonlawyer Assistants), 8.4(c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(d) (Prejudicial to the Admin of Justice).
Homsher’s alleged conduct, as stated in disciplinary counsel’s Statement of Alleged Misconduct, related to his representation of a Client A in a property dispute matter, and Client B in a vulnerable adult protection order and guardianship matter. Homsher’s alleged misconduct includes: 1) failing to timely communicate with Client A regarding the status of the property damages matter, failing to advise Client A about the dismissal agreements and dismissal orders, and providing false information to Client A about the work performed by Homsher in the matter; 2) misrepresenting to opposing counsel that Client A agreed to the stipulated dismissal orders; 3) agreeing to dismiss Client A’s claims without consulting with Client A, and against Client A’s decision to continue pursuing the claims; 4) failing to respond to opposing counsel’s discovery requests, and by failing to make reasonable efforts to serve an opposing party; 5) failing to inform Client A about the deadline to respond to the opposing party’s discovery requests regarding a nuisance claim; 6) failing to respond promptly to the opposing party’s settlement offer and failing to communicate the settlement offer to Client A; 7) failing to supervise Homsher’s paralegal, to ensure that the discovery responses in Client A’s matter were handled in a timely manner; 8) offering Client A a refund contingent upon the withdrawal of the grievance against Homsher and by making other statements to discourage Client A from filing a grievance; 9) failing to appear for hearings in Client B’s matters; and 10) failing to withdraw from Client B’s guardianship matter.
Henry Cruz acted as disciplinary counsel. Frank Shigaihisa Homsher represented himself. The online version of Washington State Bar News contains a link to the following document: Resignation Form of Frank Shigaihisa Homsher (ELC 9.3(b)).
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