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Sidney S. Rodabough (WSBA No. 4819, admitted 1972), of Kent, was suspended for three years, effective September 11, 2003, by order of the Washington State Supreme Court approving a stipulation. This discipline was based on his lack of diligence and communication in a medical-malpractice matter between 1998 and 2001.
In February 1998, Mr. Rodabough filed a personal-injury lawsuit for a client who had suffered complications from medical treatment. In March and April, two defendants served discovery requests, but Mr. Rodabough did not respond. He also failed to attend the August 1998 status conference. In September 1998, the court granted a motion to compel discovery and imposed sanctions against Mr. Rodabough, advising that any further noncompliance with discovery would result in dismissal of the client's complaint. Mr. Rodabough failed to respond to the defendants' motion for summary judgment or appear at the second status conference. On September 24, 1998, the court dismissed the client's case, and the statute of limitations barred re-opening of the client's claim. Until September 2001, Mr. Rodabough continued meeting with the client and leading her to believe that her case was pending. On October 8, 1998, Mr. Rodabough filed a bankruptcy petition. In October 2001, the client learned that her case had been dismissed. She retained new counsel and filed an amended claim in Mr. Rodabough's bankruptcy.
Mr. Rodabough's conduct violated RPCs 1.3, by failing to respond to a summary judgment motion, meet case deadlines, and attend hearings; and 1.4, by failing to tell the client that her case had been dismissed.
Linda B. Eide represented the Bar Association. Mr. Rodabough represented himself. David K. Hiscock was the hearing officer.
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