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Julian J. Nuxoll (WSBA No. 3506, admitted 1965), of Bellevue, received a reprimand in April 2003, following a hearing. This discipline is based on his conduct in a personal injury matter in 1991-2.
In 1991, Mr. Nuxoll agreed to represent a client in several personal injury matters, involving two separate auto accidents, a surgery and an insurance issue. In March 1991, Mr. Nuxoll filed a lawsuit joining all four matters. Mr. Nuxoll did not effectuate service of process on Mr. C., one of the defendants. Mr. C. filed a motion to dismiss and Mr. Nuxoll did not file a response. The court dismissed all claims against Mr. C. In December 1992, Mr. Nuxoll settled the lawsuit against the remaining defendants.
In August 1992, Mr. Nuxoll filed a second lawsuit against Mr. C. The statute of limitations on the client’s claim would expire in September 1992. Mr. Nuxoll learned that there were two possible defendants, a father and son. Mr. Nuxoll had the father served, but did not attempt to serve the son. In December 1992, the court dismissed the lawsuit based on failure to serve the correct defendant within the statue of limitations period.
Mr. Nuxoll’s conduct violated RPCs 1.1, requiring lawyers to provide competent representation to clients; and 1.3, requiring lawyers to diligently represent clients.
Kevin Bank represented the Bar Association. Mr. Nuxoll represented himself. Moses F. Garcia was the Hearing Officer.
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