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Gary I. Greenbaum (WSBA No. 7355, admitted 1977), of Seattle, was suspended for two years, effective May 27, 2004, by order of the Washington State Supreme Court following a stipulation. This discipline was based on his conduct in 2001 and 2002 involving practicing with a suspended license and violations in three client-litigation matters.
Matter 1: In May 1995, Mr. Greenbaum agreed to represent a client in a personal injury claim arising out of an April 1995 automobile accident. When Mr. Greenbaum did not aggressively pursue the claim or contact the client, she retained new counsel. Mr. Greenbaum failed to sign a substitution of counsel pleading or forward the client's file to the new counsel. Mr. Greenbaum willfully violated the court's May 13, 2002, order that he turn over the client's file. In July 2002, the court imposed a judgment of $8,000 against Mr. Greenbaum and ordered additional sanctions for each day he failed to turn over the file. In September 2002, Mr. Greenbaum paid the sanctions.
Matter 2: In August 1998, Mr. Greenbaum agreed to represent a client in a personal-injury claim arising out of an automobile accident. The client specifically requested that Mr. Greenbaum settle her case quickly. Mr. Greenbaum initially communicated with the client, but later became unresponsive. In July 2001, Mr. Greenbaum agreed to represent the client in a second personal-injury claim arising out of a second automobile accident. In July 2001, Mr. Greenbaum filed a complaint regarding the first accident, but took no further actions on the client's cases and failed to respond to her calls and letters.
Matter 3: On or about July 1, 2002, Mr. Greenbaum notified some of his clients that he had associated another lawyer in their cases. On July 15, 2002, the Supreme Court suspended Mr. Greenbaum's license to practice law for failure to pay his Association membership dues. Mr. Greenbaum did not notify his clients of his suspension, as required by ELC 14.3 [formerly RLD 8.1(a)]. Mr. Greenbaum did not instruct the staff at his office to provide information regarding his suspension or stop announcing him as an attorney.
Matter 4: In June 1999, Mr. Greenbaum agreed to represent a client in a personal-injury matter. In June 2001, without informing the client, Mr. Greenbaum filed a lawsuit. During 2002, the court issued orders compelling discovery, awarding attorney's fees against the client, and, finally, dismissing the lawsuit. Mr. Greenbaum did not respond to any of these motions or notify the client of the orders. In December 2002, a collection agency contacted the client about the attorney's fees awarded in the dismissal. Mr. Greenbaum offered to pay the attorney's fees, but did not do so.
Mr. Greenbaum's conduct violated RPCs 1.2, requiring lawyers to abide by a client's decisions concerning the objectives of representation; 1.3 and 3.2, requiring lawyers to diligently represent clients and expedite litigation consistent with the clients' interests; 1.4, requiring lawyers to keep clients reasonably informed of the status of their matters; 8.4(j), prohibiting willful disobedience of court orders; 1.15(a)(1), requiring lawyers to withdraw from representation if continuing will result in an RPC violation; 7.1(a), prohibiting lawyers from making false or misleading communications about their services; and 8.4(a), prohibiting attempting to violate the RPCs through others; and ELC 14.1(c) and 14.3, requiring lawyers to comply with the duties on suspension.
Anthony Butler represented the Bar Association. Kurt Bulmer represented Mr. Greenbaum. Julian C. Dewell was the hearing officer. |