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Douglas D. Osterloh (WSBA No. 22730, admitted 1993), of Boring, OR, was disbarred, effective March 23, 2005, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct between 2001 and 2004 involving misrepresentations to clients, lack of diligence, providing false testimony and fabricated documents during disciplinary investigations, and failure to cooperate with disciplinary investigations.
Matter 1: In 2000, Client A hired Mr. Osterloh to represent her in applying to the INS for a green card. Respondent filed the pertinent documentation on Client A's behalf, but the INS denied Client A's petition in September 2003. Client A followed Mr. Osterloh's advice to reapply rather than appeal. Repeatedly, between January 2003 and November 2003, Mr. Osterloh told Client A that he had filed a new application in January when in fact he had not done so. Client A repeatedly requested a copy of the January 2003 filing; Mr. Osterloh promised to send one to her, and in one instance told her that he had mailed a copy, but he did not do so. The misrepresentations were knowing and intentional.
During an ensuing disciplinary investigation, Mr. Osterloh failed to respond to requests for information, testified falsely during a disciplinary deposition, and provided disciplinary counsel with fabricated documents with the intent to deceive disciplinary counsel into believing that he had filed Client A's petition in January 2003.
Matter 2: In September 2001, another lawyer hired Mr. Osterloh to file an appeal for Client B, whose application to work as a special immigrant religious worker had been denied by the INS. The lawyer paid Mr. Osterloh $1,500 for the representation. Mr. Osterloh never filed an appeal brief on behalf of Client B. In October 2001, the lawyer hired Mr. Osterloh to file an appeal for Client C, whose application to work as a special immigrant religious worker had also been denied by the INS. The lawyer paid Mr. Osterloh $750 to file the appeal. Mr. Osterloh never filed an appeal brief on behalf of Client C, and the appeal was dismissed for that reason in July 2002.
Between October 2001 and October 2003, on numerous occasions, the lawyer asked Mr. Osterloh about the status of the appeals and asked for copies of the briefs. Mr. Osterloh falsely told the lawyer that the briefs had been filed and promised to send copies, but never did so.
During an ensuing disciplinary investigation, Mr. Osterloh failed to respond to requests for information, failed to appear at a deposition as required by subpoena, provided false information, testified falsely at a deposition, failed to produce subpoenaed documents, and provided disciplinary counsel with fabricated documents with the intent to deceive disciplinary counsel into believing that he had filed Client B's and Client C's briefs.
Ms. Osterloh's conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, to promptly comply with reasonable requests for information, and to explain a matter to the extent reasonably necessary to permit the client to make informed decisions; RPC 8.4(b), prohibiting commission of a criminal act (here, perjury) that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting conduct involving dishonesty, deceit, fraud, or misrepresentation; RPC 8.4(d), prohibiting conduct prejudicial to the administration of justice; and RPC 8.4(l), prohibiting a lawyer from violating a duty imposed by or under the Rules for Enforcement of Lawyer Conduct.
Christine Gray represented the Bar Association. Mr. Osterloh did not appear in the proceeding either personally or through counsel. Mark F. Baum was the hearing officer. |