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Richard T. Hoss (WSBA No. 12976, admitted 1982), of Shelton, received two reprimands based on a stipulation approved by the Disciplinary Board on March 8, 2002. The discipline is based on his directing a family member to assist a client in signing a will.
In the 1980s, Mr. Hoss regularly advised the Js regarding personal matters and their residential development, golf course and resort. Prior to 1990, Mr. Hoss performed estate-planning work for the Js. Sometime after this, Ms. J contacted another lawyer and executed a new will. On January 25, 1990, Ms. J was in the hospital in deteriorating condition. Mr. Hoss met with Ms. J with one of her three daughters present. Following this meeting, Mr. Hoss prepared a new will for Ms. J.
On January 29, Mr. Hoss, his secretary, two of the daughters, Ms. J’s doctor and a nurse entered Ms. J’s room for the purpose of executing the new will. The witnesses dispute whether or not Ms. J was comatose. After reading the will to Ms. J, Mr. Hoss directed one of the daughters to take Ms. J’s hand and make an "X." Mr. Hoss asked the doctor and nurse to sign witness statements without explaining the legal effect of these statements. Ms. J died within four hours of her signature being placed on the new will. Although the new will was admitted to probate, Mr. J refused to honor the bequests made to the daughters.
Mr. Hoss’s conduct violated RPCs 1.1, requiring lawyers to competently represent their clients; 1.3, requiring lawyers to diligently represent their clients; and 8.4(d), prohibiting lawyers from engaging in conduct prejudicial to the administration of justice.
Maria Regimbal and Jean McElroy represented the Bar Association. Kurt Bulmer represented Mr. Hoss. The hearing officer was J.C. Becker.
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