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Christopher J. Nickola (WSBA No. 6737, admitted 1976), of Richland, received a reprimand effective January 20, 2004, following a stipulation approved by the hearing officer. This discipline is based on his conduct in 2002, involving failure to competently analyze his responsibilities in a property-division matter.
In February 2002, Mr. Nickola agreed to represent a client in a proceeding to terminate a long-term nonmarital relationship. In March 2002, Mr. Nickola filed a petition for property division, and, in April, the court granted his request for temporary orders. In May 2002, Mr. Nickola requested an order of contempt and judgment against the opposing client for violation of the temporary orders. Prior to the hearing on the motion, Mr. Nickola's client committed suicide. After talking with the client's family, Mr. Nickola attended the contempt hearing and did not inform the court that his client had died. At the time of the hearing, Mr. Nickola erroneously believed he had authority to represent the client's estate, that his conduct was permitted by the RPCs, and that the client's death was not material to the outcome of the hearing.
Mr. Nickola's conduct violated RPC 1.1, requiring lawyers to competently represent their clients.
Christine Gray represented the Bar Association. Leland G. Ripley represented Mr. Nickola. Timothy Esser was the hearing officer. |