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Maple Valley lawyer David S. Engle (WSBA No. 21935, admitted 1992) has been ordered censured by the Disciplinary Board, pursuant to a stipulation to discipline, approved by the Disciplinary Board August 19, 1997. The discipline is based on improper withdrawal from representation in a client’s child support modification matter and on failure to prepare, or to properly supervise the client’s lawyer, in preparing her case for trial. The firm of Hessinger & Associates employed Engle as its managing lawyer. The firm represented the client in seeking a decrease in her child support obligation. The court issued an order setting case schedule when the firm filed the action. The order set trial by affidavit for January 13, 1995, discovery cut-off at December 23, 1994, and affidavit filing deadline at December 30, 1994. Separate contempt proceedings regarding nonpayment of support arose between the client and her ex-husband in November 1994, and the court set a review hearing in that matter for March 13, 1995. On December 2, 1994, the lawyer assigned to the client gave notice of his intention to leave the firm’s employment on December 17, 1994. During the two weeks before his departure, he did not take steps to prepare the affidavits or otherwise prepare the client’s case for trial. When the lawyer left the firm, a notice of substitution of counsel was not filed; the lawyer thus remained counsel of record in the client’s case. (That lawyer’s actions were the subject of separate disciplinary inquiry.) The client’s file was given to another lawyer in the firm who directed the file be taken to Engle because that lawyer indicated he could not handle the case. Engle reviewed the client’s file and decided the firm should withdraw from representation. Staff drafted a notice of intent to withdraw, with a signature line for the counsel of record. On December 28, 1994, Engle signed the notice "David S. Engle WSBA 21935 for" just above the printed name of the counsel of record. The counsel of record did not know about, consent to, or authorize use of his name in a notice of intent to withdraw. Engle filed the notice December 29, 1994. The notice indicated an effective date of January 10, 1995, and a next court date as a review hearing on March 13, 1995. The firm and its employees took no further action on behalf of the client. The client contacted Engle on January 12, 1995, and early on January 13, 1995, to request his assistance with her trial on January 13, 1995. Engle had an assistant call the court to inquire whether there was a trial set, but the assistant called the wrong department and thus failed to verify there was a trial. Engle did not believe the client had a trial on January 13, 1995, and did nothing further. The client’s trial occurred on January 13, 1995, with the client appearing, unrepresented and unprepared. At the conclusion of the trial, the court dismissed the client’s petition and imposed $750 in attorney fees because, the court found, she had not presented any grounds for modification, and the petition was not brought in good faith. By causing a withdrawal from the client’s case effective three days before trial, without taking steps to protect her ability to properly present the case at trial, Engle violated RPC 1.15(b) & (d). By failing to prepare or to assure that someone else prepared the client’s case for trial, Engle violated RPC 1.3 and/or 5.1. Disciplinary counsel Joy McLean represented the Bar Association; Engle represented himself. |