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Terry L. DeGlow (WSBA No. 13357, admitted 1983), of Spokane, has been suspended for one year by order of the Supreme Court effective May 31, 2001, following a default hearing. The discipline is based on his failure to diligently represent and communicate with a client in 1998 and 1999, failure to comply with a court order, and failure to cooperate with the disciplinary investigation.
In 1995, Mr. DeGlow agreed to represent a client injured in an automobile accident. In 1997, the client believed he had completed his medical treatment and asked Mr. DeGlow to move forward on his case. Mr. DeGlow filed a complaint for damages in May 1998. Between June 1998 and April 1999, the parties exchanged interrogatories. Mr. DeGlow did not return the client’s phone calls in April and early May 1999. On May 5, the client left a message indicating that if he did not hear from Mr. DeGlow by May 7, he would assume that Mr. DeGlow was no longer interested in representing him. Mr. DeGlow left the client a message, but did not take any action on the case.
On June 1, 1999, the client terminated Mr. DeGlow’s services and requested that his file and an accounting of Mr. DeGlow’s bills be sent to him. Mr. DeGlow did not respond to the client’s request. In July 1999, the client retained new counsel. Mr. DeGlow sent a partial copy of the client’s file to new counsel, but it did not include a summons, complaint or interrogatories. Mr. DeGlow also failed to sign the withdrawal and substitution-of-counsel form provided by new counsel. On September 17, 1999, the court issued an order requiring Mr. DeGlow to "immediately release all materials in his possession or provide documentation that he had no further records," and assessed sanctions. As of the hearing date, Mr. DeGlow had not complied with the court order or paid the sanctions. Mr. DeGlow also failed to comply with disciplinary counsel’s requests for information, avoided service of a deposition subpoena, and failed to appear for his deposition.
Mr. DeGlow’s conduct violated RPCs 1.3 and 3.2, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to keep clients reasonably informed about the status of their matters; 1.15(d), requiring lawyers to take reasonable steps to protect clients’ interests upon withdrawal; 3.4, prohibiting lawyers from knowingly disobeying obligations under the rules of a tribunal; and RLD 2.8, requiring lawyers to cooperate with disciplinary investigations.
Sachia Stonefeld represented the Bar Association. Mr. DeGlow represented himself. The hearing officer was William H. Nielsen.
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