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Michael T. Mullen (WSBA No. 23116, admitted 1993), of Oregon, was suspended for two years, effective June 20, 2003, by order of the Washington State Supreme Court approving a stipulation. This discipline was based on his lack of diligence and misrepresentation in a client matter in 2001.
In January 2001, Mr. Mullen agreed to assist a client with a petition to increase the client's summer child visitation and to modify child-support payments. By May 2001, Mr. Mullen had drafted the petition, but had not filed anything with the court. When the client called, Mr. Mullen explained that he had filed the pleadings and attended hearings. These statements were not true. Mr. Mullen also fabricated time entries on the billing statements he mailed to his client. He charged the client $168 for services he did not perform.
In September 2001, Mr. Mullen obtained two ex parte orders of child support without notice to the opposing party. Mr. Mullen had no legal basis for obtaining these orders. Mr. Mullen did not file either of the original orders with the court. In October 2001, the court vacated the second order. Mr. Mullen's lack of diligence prevented the client from increasing his summer visitation. Mr. Mullen did not charge his client, and paid the opposing party $330.
Mr. Mullen's conduct violated RPCs 1.3 and 3.2, requiring lawyers to diligently represent their clients and expedite litigation; 1.5, requiring lawyers' fees to be reasonable; 3.3, requiring lawyers to inform the court of all relevant facts in an ex parte proceeding; 3.5, requiring lawyers to avoid improper ex parte contact with the court; 8.4(c), prohibiting lawyers from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and 8.4(d), prohibiting lawyers from engaging in conduct prejudicial to the administration of justice
Jonathan Burke represented the Bar Association. Mr. Mullen represented himself.
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