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Mark Passannante (WSBA No. 25680, admitted 1996), of Portland, OR, received a reprimand by order of the Washington State Supreme Court order imposing reciprocal discipline based on an order from the state of Oregon. This discipline is based on his conduct between 1999 and 2001, involving neglect of a client matter and failure to protect the clients' interests upon withdrawal.
In August 1999, Mr. Passannante agreed to represent two clients in a claim for personal injuries they had sustained in a bar fight. Mr. Passannante deposited the client funds in an IOLTA account in Washington, while his office was in Oregon. In March 2000, Mr. Passannante learned that the bar's insurer denied the clients' claims. Mr. Passannante took no further action on the clients' claims until March 2001, when he determined the claims were not well founded. On March 8, 2001, Mr. Passannante notified the clients that he would not continue to represent them. He did not send an accounting, a refund of unearned fees, or a copy of the client file.
Mr. Passannante's conduct violated Oregon Code of Professional Responsibility DR 2-110(A)(2), prohibiting lawyers from withdrawing from employment until the lawyer has taken reasonable steps to avoid foreseeable prejudice to the rights of the lawyer's client; DR 6-101(B), prohibiting lawyers from neglecting legal matters entrusted to them; DR 9-101(A), requiring client funds to be deposited into lawyer trust accounts located in the state of Oregon; and DR 9-101
(C)(3), requiring lawyers to maintain complete records of client funds and render appropriate accountings.
Felice Congalton represented the Bar Association. Mr. Passannante represented himself. |