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Philip S. Morgan (WSBA No. 21607, admitted 1992), of Seattle, was suspended for two years, following a hearing, by order of the Supreme Court, effective February 5, 2003. This discipline is based on his failure to diligently represent and adequately communicate with five clients during 1999.
Matter 1: In February 1999, Mr. Morgan agreed to represent a client in a Labor and Industries (L&I) proceeding. In April 1999, Mr. Morgan filed two appeals for the client. In September 1999, Mr. Morgan missed the required scheduling conference and then failed to appear for the hearing. He called from a roadside phone the day of the hearing and requested a continuance. The Board of Labor Appeals denied his continuance required and dismissed the client’s appeals.
Matter 2: In February 1999, Mr. Morgan agreed to represent a client in a L&I appeal. In July 1999, the employer’s lawyer sent Mr. Morgan a proposed stipulation. Mr. Morgan did not respond to opposing counsel. Mr. Morgan also failed to appear at the stipulation conference, even though subpoenaed by the Administrative Law Judge.
Matter 3: In March 1999, Mr. Morgan assumed responsibility for a client’s third party L&I claim. Mr. Morgan filed the client’s lawsuit the day before the statute of limitations expired, but did not perfect service within the required ninety days. The defendant filed a motion for summary judgment based on expiration of the statute of limitations. Mr. Morgan failed to appear at the hearing. The court dismissed the client’s claim.
Matter 4: In May 1999, Mr. Morgan agreed to represent a client in a third party L&I claim. Although he told the client that everything was under control, Mr. Morgan failed to file a complaint prior to expiration of the statute of limitations. Mr. Morgan did not respond to the client’s phone calls.
Matter 5: In February 1999, Mr. Morgan agreed to represent a client in an L&I appeal. Mr. Morgan failed to act on the client’s appeal and the department closed the file in April 1999. Mr. Morgan did not send the order to the client or file an appeal within the required sixty days. When the client learned of the dismissal, he filed an appeal, but it was dismissed as untimely.
Mr. Morgan’s conduct violated RPCs 1.3, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to keep clients reasonably informed of the status of their matters; and 3.4(c), prohibiting lawyers from knowingly disobeying an obligation under the rules of a tribunal.
William R. Squires III and Anthony Butler represented the Bar Association. Mr. Morgan represented himself. Waldo F. Stone was the hearing officer.
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