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Brian L. Berkenmeier (WSBA No. 20421, admitted 1991), of Longview, was suspended for four months, following a hearing, by order of the Supreme Court effective October 31, 2002. The discipline was based on his violations of court orders and unjustified acts of assault between March 1998 and January 2000.
In October 1998, Mr. Berkenmeier pleaded guilty to negligent driving in South Pacific District Court. In December 1998, he pleaded guilty to possession of drug paraphernalia in Cowlitz District Court. While on probation from these two charges, in January 1999, and again in October 1999, Mr. Berkenmeier pleaded guilty to domestic violence assault. During January 2000, Mr. Berkenmeier’s probation was revoked on all four charges. During the resulting jail sentence, Mr. Berkenmeier failed to provide alternate representation for his clients. As of December 2001, Mr. Berkenmeier had completed all sentencing requirements.
Mr. Berkenmeier’s conduct violated RLD 1.1(a), prohibiting unjustified acts of assault or other acts reflecting disregard for the rule of law; RLD 1.1(b), prohibiting willful disobedience or violation of court orders; RLD 1.1(c), prohibiting violating the Oath of Attorney; RPC 1.3, requiring lawyers to diligently represent their clients; and RPC 1.4(a), requiring lawyers to keep clients reasonably informed of the status of their matters.
Special Disciplinary Counsel Eric Lindell represented the Bar Association. Mr. Berkenmeier represented himself. William E. Fitzharris was the hearing officer.
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