| Description: |
Jerry L. Kagele (WSBA No. 4851, admitted 1972), of Spokane, was suspended for one year and reprimanded, effective July 28, 2003, by order of the Washington State Supreme Court following a hearing. This discipline was based on violations in six client litigation matters. For additional information, please see In re Discipline of Kagele, 149 Wn.2d 793, 72 P.2d 1067 (2003).
Matter 1: In May 1995, Mr. Kagele represented clients in a dispute with a residential contractor. In August 1995, Mr. Kagele filed the lawsuit, but did not tell the clients. Also, he named the bonding company, but did not perfect service, and failed to correct service when he learned of the problem. The clients told Mr. Kagele they wanted a jury trial, but he did not file a jury demand. Between November 1995 and early August 1996, Mr. Kagele told the clients he had no new information about their case. He failed to inform the clients of their trial date. The clients retained new counsel. New counsel found no discovery in the client file. Mr. Kagele explained that the lack of discovery was part of his trial strategy. This strategy was not communicated to the clients.
Matter 2: In April 1997, Mr. Kagele represented clients in a dispute with a contractor. Although he promised to serve the complaint by April 14, the clients did not receive a draft complaint until late May 1997. The draft complaint named the wrong defendant. The clients terminated the representation.
Matter 3: In June 1996, Mr. Kagele represented a client in a dispute regarding an interest in a house she shared with another person. Between June and August 1996, Mr. Kagele failed to return many of the client's phone calls. In August, when Mr. Kagele had not filed a complaint, the client sent a letter terminating the representation. When Mr. Kagele received the termination letter, he left a message for the client's father and filed the complaint. On September 10, Mr. Kagele received a second letter from the client terminating his services. On that day, he filed a lis pendens.
Matter 4: In March 1998, Mr. Kagele represented clients in a dispute with their neighbors over blocking of access to an alley. Mr. Kagele drove by the disputed area, but never looked at the alley. The clients specifically asked to review the complaint before Mr. Kagele filed it. Mr. Kagele filed the complaint without allowing the client review. The complaint contained an erroneous legal description, failed to reference a prescriptive easement, failed to address the alley issue, and asked to quiet title to the centerline of the one-car-width driveway. On March 30, 1998, the clients terminated the representation. Mr. Kagele told the clients that he would commence litigation to collect the remainder of his fee, even though they had terminated the representation. In April, Mr. Kagele received a trespass warning from the neighbor's lawyer, but did not inform his former clients.
Matter 5: In April 1995, Mr. Kagele represented a client in an immigration matter. The client misrepresented her marital status to obtain a visitor's visa. On April 21, the client was married. Mr. Kagele did not effectively communicate to the client how to resolve the immigration issue.
Matter 6: In January 1996, Mr. Kagele assisted clients with loan transactions. The clients were not able to contact Mr. Kagele between February and April 1996. On April 15, one client wrote a letter terminating Mr. Kagele's representation.
Mr. Kagele's conduct violated RPCs 1.1, by filing a complaint with errors, and failing to review the complaint with clients prior to filing in matter 4; 1.2 by failing to abide by the clients' instructions to seek a jury trial in matter 1; 1.3, by failing to diligently pursue matters 1, 2, and 5; 1.4, by failing to keep clients informed as to the status of their cases in matters1, 2, 3, and 6; and 3.2, by failing to promptly file pleadings and move cases toward resolution in matters 1, 2, and 3.
Sachia Stonefeld Powell represented the Bar Association at hearing, and Kenneth W. Masters on appeal. Kurt Bulmer represented Mr. Kagele. James M. Danielson was the hearing officer.
|