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Paul White aka Krishan Kumar (WSBA No. 26511, admitted 1996), of Tukwila, was suspended for 30 days by order of the Supreme Court approving a stipulation, effective December 20, 2001. This discipline is based on his failure to represent a client diligently and competently, and on making a false statement of material fact to a tribunal. (Note: Mr. White is to be distinguished from Paul J. White of Golden, Colorado; WSBA No. 11585.)
In March 1997, Mr. White agreed to represent two clients who were plaintiffs in a personal-injury lawsuit. Prior to Mr. White’s involvement, the clients filed a lawsuit in King County Superior Court and each received a $10,298 arbitration award. The defendant’s counsel appealed the arbitration award and trial was set for May 24, 1997. The order setting the trial date indicated that no further continuances would be granted for plaintiffs’ lack of counsel.
At this time, Mr. White had been admitted to the Washington State Bar Association for four months, had never tried a case in King County Superior Court, and was not familiar with superior court practice. Mr. White did not conduct any additional discovery prior to the trial date. He did not know that the clients had received the earlier arbitration award or that the defendants had appealed that award. Mr. White did not investigate the client’s history of numerous prior automobile accidents. Mr. White did not subpoena any witnesses for trial, including the client’s treating physician, nor did he interview any of the defense’s 65 witnesses. He did not file a trial brief, prepare jury instructions, or review the local court rules.
When the parties arrived for trial, the clerk told them that the case would not go to trial that day. Mr. White told opposing counsel that he needed to continue the case because he had a criminal matter in California on June 3 and 4, 1997. In reality, Mr. White and a client had an INS appointment regarding a business matter. As part of the business matter, Mr. White’s client would undergo a criminal background check. On June 3, the clerk informed Mr. White that the trial would be heard on June 4. Mr. White filed a motion for continuance of the trial date.
In the supporting affidavit, Mr. White stated that he would be in California for a "criminal investigation related to a federal matter." Mr. White also stated that he had been in Chicago on May 28 to attend a criminal matter. Although he planned to go to Chicago, he advised his client to find another lawyer, because he needed to stay in Seattle to wait for the trial to start. Mr. White did not appear for trial on June 4. The client appeared with a paralegal, and the judge ordered that the case go forward. The jury returned a verdict in favor of the defendants.
Mr. White’s conduct violated RPCs 4.1 and 3.3, prohibiting lawyers from making false statements of material fact; 1.3, requiring lawyers to diligently represent their clients; and 1.1, requiring lawyers to competently represent their clients.
Sachia Stonefeld Powell represented the Bar Association. Joseph J. Ganz represented Mr. White.
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