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David B. Harris (WSBA No. 25881, admitted 1996), of Portland, Oregon, was disbarred, based on a disbarment order from the Oregon Supreme Court. The Washington Supreme Court’s order of reciprocal discipline was effective February 5, 2003. This discipline is based on 32 violations involving six clients, criminal conduct and practice while his license to practice was suspended between 1996 and 1999.
Matter 1: In November 1996, Mr. Harris agreed to assist a client with an appeal of a decision denying his petition for post-conviction relief. Mr. Harris did not inform the client of the oral argument date, or the final outcome of the appeal. Mr. Harris stated falsely during the investigation that he had informed the client of these matters.
Matter 2: In February 1998, Mr. Harris agreed to represent a client in a petition for post-conviction relief. Mr. Harris filed a brief, but did not send a copy to the client. Mr. Harris did not tell the client that the court dismissed the petition. Mr. Harris also gave false responses to the Bar Association in this matter.
Matter 3: In September 1997, Mr. Harris was appointed to represent a client in an appeal. He filed several questionable compensation requests and failed to offer an explanation when requested by the court. After Mr. Harris failed to file a brief, the court ordered him to appear at a show cause hearing. Mr. Harris failed to appear as ordered. Mr. Harris told the court he could not appear because of a family medical emergency and a computer failure. He refused to identify the family member involved in the medical emergency. The Court of Appeals referred Mr. Harris for criminal prosecution.
Matter 4: In December 1998, Mr. Harris was appointed to represent a client charged with assault, burglary and kidnapping. Mr. Harris appeared late for pre-trial motions and did not appear for the trial. He called the court and said that he had a conflicting court appearance and had been in a car accident. Later, he admitted to the court that his statements were not true. The court ordered Mr. Harris to appear again later. Mr. Harris failed to appear and made further misrepresentation to the court. Mr. Harris was removed as counsel on the case and found in contempt of court. He was sentenced to 18 months probation and drug and alcohol treatment. Mr. Harris violated the terms of his probation.
Matter 5: In July 1999, Mr. Harris filed a police report that his car had been stolen. Later, he admitted he loaned his car to another person for twelve hours as payment for a drug purchase. The other person did not return the car, so Mr. Harris filed the police report.
Matter 6: In April 1998, the court appointed Mr. Harris to represent a client charged with attempted murder and assault. Mr. Harris appeared late for the first trial date and not at all for the subsequent trial dates. He also failed to provide discovery and to inspect evidence in the state’s custody; communicate with his client, including a plea offer and communication from counsel for a co-defendant; and subpoena witnesses.
Matter 6: In February 1997, Mr. Harris was appointed to represent a client in the appeal of an order denying his habeas corpus petition. After the court denied the appeal, the client requested that Mr. Harris mail his file to his sister. Mr. Harris wrote a letter to the bar Association indicating he had located the file, but he never sent it to the client’s sister.
Matter 7: Mr. Harris continued to practice law when his license was suspended.
Mr. Harris’s conduct violated DR 6-101 (B); DR 1-102(A)(3); DR 1-102(A)(4); DR 7-106(A); ORS 162.375; DR 1-103(C); and DR 1-102 (A)(2).
Felice Congalton and Leslie Allen represented the Bar Association. Mr. Harris represented himself.
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