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Mark A. Carter (WSBA No. 24016, admitted 1994), of Vancouver, received a censure on January 17, 2003, following a stipulation approved by the Disciplinary Board. This discipline is based on his conducnt in 2000 involving a bankruptcy matter.
On November 1, 1999, a home was transferred from a trust to Mr. F. On this same day, Mr. F. quit claimed the home to his brother. Mr. F. and his wife continued to live in the house and made rental payments to the brother. In January 2000, Mr. Carter agreed to represent Mr. and Mrs. F. in a Chapter 7 Bankruptcy Petition. The Petition required the clients to list all property they transferred in the last year and all property owned by another, but controlled by them. Mr. Carter marked “none” in response to these questions, believing that the transfer did not have to be disclosed. When Mr. Carter learned that the clients should have disclosed the transfer, he planned to convert the Chapter 7 filing to a Chapter 13 filing, so that the clients could voluntarily dismiss the petition, and re-file a new petition including the transfer. Mr. Carter did not tell the clients about the conversion to a Chapter 13 filing. Even though the clients did not meet the Chapter 13 eligibility requirements, the court allowed the conversion. Mr. Carter filed a motion to dismiss the Chapter 13 filing, without the required notice to the trustee. The court dismissed the filing. The Chapter 7 filing was later reinstated at the request of a creditor.
Mr. Carter’s conduct violated RPCs 1.1, requiring lawyers to provide competent representation; and 1.4, requiring lawyers to keep clients reasonably informed of the status of their matters.
Sachia Stonefeld Powell represented the Bar Association. Mark A. Carter represented himself.
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