| Description: |
Todd H. Hutchinson (WSBA No. 14389, admitted 1984), of Vancouver, WA, was disbarred effective August 20, 2003, by order of the Washington State Supreme Court approving a stipulation. This discipline was based on his conduct between 2000 and 2002, involving false statements in a declaration, practicing while his license was suspended, and lack of diligence and communication in two client matters.
Matter 1: On April 15, 2000, Mr. Hutchinson agreed to represent a client involved in an auto accident. The client received a demand letter from the other driver's insurance company. Mr. Hutchinson's response to the insurance company contained factual errors. In September 2001, the other driver served the client with a lawsuit. Mr. Hutchinson met with the client and drafted a notice of appearance and answer, but did not notify opposing counsel that he was involved in the case or file the pleadings with the court. In November 2001, the court entered a $4,335.29 default judgment against the client. In January 2002, the Department of Licensing suspended the client's driver license for failure to satisfy the judgment. Mr. Hutchinson did not respond to the client's phone calls or written messages. The client's uncle, a lawyer practicing in Washington, D.C., also contacted Mr. Hutchinson. Mr. Hutchinson promised to take steps to vacate the judgment and reverse the license suspension, but he did not take these steps. Mr. Hutchinson refunded the client's attorney's fees in April 2003. Mr. Hutchinson failed to cooperate with the Office of Disciplinary Counsel's investigation of this matter.
Matter 2: In February 2002, Mr. Hutchinson agreed to assist a client in obtaining a Qualified Domestic Relations Order (QDRO) following a marriage-dissolution action. Mr. Hutchinson told the client that this matter would take about two weeks and that she would have a court date on March 29, 2002. Mr. Hutchinson did not schedule a court date. In April 2002, Mr. Hutchinson noted a hearing and told opposing counsel that he would send a proposed QDRO the following week. Mr. Hutchinson did not send opposing counsel a proposed QDRO and agreed to strike the hearing. Mr. Hutchinson started, but did not finish, the QDRO.
In October 2002, the client fired Mr. Hutchinson and asked for a refund. Mr. Hutchinson sent the client a refund in April 2003. Mr. Hutchinson did not cooperate with the Office of Disciplinary Counsel's investigation of this matter.
Matter 3: On November 8, 2002, the Bar Association filed a petition with the Washington State Supreme Court asking for Mr. Hutchinson's immediate interim suspension, based on his failure to cooperate with the disciplinary investigations. Mr. Hutchinson failed to respond to the show-cause order by the date required, so, on January 10, 2003, the Court struck the hearing and stated that the matter would be considered without oral argument. On January 16, 2003, Mr. Hutchinson filed pleadings with the Court stating falsely that he had refunded the clients' flat-fee retainers. On January 17, 2003, the Court issued an order suspending Mr. Hutchinson's license.
Matter 4: Despite the Court's order suspending his license, Mr. Hutchinson appeared in court and signed pleadings on January 22, 2003.
Mr. Hutchinson's conduct violated RPCs 1.4(a), by failing to adequately inform clients about the status of their cases; 1.4(b), by failing to explain matters to the extent reasonably necessary for clients to make informed decisions; 1.3, by failing to serve his notice of appearance and answer, failing to file the motion to vacate judgment, and failing to obtain a QDRO; 1.5 and 1.15(d), by failing to return unearned and unreasonable fees; 3.3(a) and 8.4(c), by falsely stating in a declaration that he had refunded his clients' retainers; and 5.5(e), by signing pleadings after his license to practice had been suspended; and RLD 2.8(a) [now ELC 5.3(e)], by failing to cooperate with the disciplinary process.
Marsha Matsumoto represented the Bar Association. Mr. Hutchinson represented himself. Joseph Mano was the hearing officer.
|