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Matthew J. Rusnak (WSBA No. 28671, admitted 1998), of Tacoma, received a censure pursuant to a stipulation approved by the Disciplinary Board in March 2002. The parties stipulated that in 2000 and 2001, Mr. Rusnak failed to keep a client informed about the status of her matter and failed to diligently represent the same client.
In late 1999, Mr. Rusnak agreed to represent a client in a breach of contract claim involving real property. Before the sale closed, the purchaser filed a Chapter 7 bankruptcy proceeding, listing the client as an unsecured creditor. On March 20, 2000, Mr. Rusnak commenced an adversary proceeding in the bankruptcy court, claiming that the client’s debt was not dischargeable. Mr. Rusnak was not able to immediately serve the summons and complaint because the purchaser appeared to be intentionally avoiding service. On February 5, 2001, the bankruptcy court issued an order requiring the parties to show cause why the case should not be dimissed because service had not been accomplished. On February 20, 2001, Mr. Rusnak effected service of process on the purchaser. The court set the show cause hearing for March 21, 2001. Mr. Rusnak received the court order, but failed to note the date on his calendar. Neither Mr. Rusnak nor the client appeared for the hearing. On March 26, 2001, the bankruptcy court issued an order of dismissal for lack of prosecution and failure to appear at the hearing. On March 29, 2001, the court discharged the debtor and closed the bankruptcy proceeding. Mr. Rusnak refunded all of the clients fees and costs.
Mr. Rusnak’s conduct violated RPCs 1.4, requiring lawyers to keep clients reasonably informed about the status of their matters; and 1.3, requiring lawyers to diligently represent their clients.
Douglas Ende and Jean McElroy represented the Bar Association. Mr. Rusnak represented himself.
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