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Phillip L. Weinberg (WSBA No. 18622, admitted 1989), of Woodinville, was suspended for two years, effective September 17, 2004, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct in 2003 and 2004 involving failure to return unearned portions of client fees in four matters and his violations of the conditions of two suspended misdemeanor sentences.
Matter 1: In August 2003, Mr. Weinberg was hired to represent a client charged with second-degree murder in Snohomish County. He was paid a $12,000 fee by the client’s parents. He subsequently told them that he would require payment of up to an additional $8,000 for investigative costs and to associate with another lawyer. Shortly thereafter, the client terminated the representation and requested an accounting and a refund of any unearned portion of the fee. Mr. Weinberg never provided an accounting. Although he had not filed a notice of appearance, Mr. Weinberg claimed he had visited the crime scene, visited the client at the jail, and reviewed discovery materials. At the time of entry into the disciplinary stipulation, Mr. Weinberg had agreed to refund $9,000 but had repaid only $3,250.
Matter 2: Following his conviction of two counts of unlawful manufacture of methamphetamine in Thurston County, a client, whose conviction was on appeal, hired Mr. Weinberg in obtaining an appeal bond. In January and February 2004, the client’s brother wired Mr. Weinberg a total of $10,000. Mr. Weinberg subsequently contacted the client’s appointed appellate counsel, who had already filed the Brief of Appellant, and stated that he would be taking over the appeal and would prepare and file appropriate paperwork. Mr. Weinberg never sent such paperwork and never appeared as counsel in the appeal.
In March and April 2004, Mr. Weinberg spoke to the prosecuting attorney by telephone on a number of occasions about the procedures for obtaining an appeal bond. The prosecuting attorney suggested that he file a written motion and contact the judge’s assistant to schedule a hearing. Mr. Weinberg told the client’s brother that a hearing would be held on March 12, 2004. During the course of a series of telephone conversations between Mr. Weinberg and the judge’s assistant, the projected date changed several times. Mr. Weinberg never filed a written motion to obtain an appeal bond. When a member of the client’s family learned that no hearing had been noted, the client terminated the representation and demanded a full refund. At the time of his entry into the disciplinary stipulation, Mr. Weinberg had agreed to refund $9,000.
Matter 3: Commencing in December 2003, Mr. Weinberg represented a client charged with driving under the influence and possession of marijuana in Lynwood Municipal Court. The client paid Mr. Weinberg $2,500. In January 2004, Mr. Weinberg filed petitions for deferred prosecutions in both matters. At a hearing in March 2004, Mr. Weinberg failed to submit paperwork needed to demonstrate that the client was in treatment. Mr. Weinberg failed to appear for a second hearing in March 2004. At a hearing in April 2004, the client terminated the representation in open court. In May 2004, with the assistance of a public defender, the client succeeded in obtaining a deferred prosecution. At the time of his entry into the disciplinary stipulation, Mr. Weinberg had agreed to refund $500.
Matter 4: Mr. Weinberg was hired to represent a client charged with driving under the influence in Bothell Municipal Court. The client paid Mr. Weinberg $1,000 of an agreed $2,500 fee. Mr. Weinberg appeared at the client’s arraignment in April 2004, but failed to appear at a May 2004 hearing until well after the client had been heard, and advised the court that he had been unable to contact Mr. Weinberg at any of his known telephone numbers. Shortly thereafter, by letter, the client terminated the representation and requested a refund of unearned fees. Mr. Weinberg asked the client to allow him to continue the representation at a reduced fee, and he proposed that the client meet him the next day. Mr. Weinberg failed to appear for the meeting or for the client’s June 2004 pretrial conference. At that time, the client again terminated the representation. At the time of his entry into the disciplinary stipulation, Mr. Weinberg had agreed to refund $800.
Matter 5: In June 2002, having been charged with driving under the influence, Mr. Weinberg pleaded guilty to an amended charge of first-degree negligent driving in Pierce County District Court. Mr. Weinberg received a 90-day suspended sentence. A condition of the suspended sentence was that Mr. Weinberg have “no further violations for one year.” Less than one year later, in April 2003, Mr. Weinberg was charged with domestic violence malicious mischief in the third degree in Snohomish County District Court. In November 2003, Mr. Weinberg pleaded guilty to that charge and received a 365-day suspended sentence. Conditions of the suspended sentence included Mr. Weinberg’s having “no charge/conviction of any criminal offense” and completion of a specified treatment program. Mr. Weinberg did not complete the treatment program, and in January 2004 he was charged with domestic violence in Snohomish County District Court.
Mr. Weinberg’s conduct violated RPC 1.5(a), requiring that a lawyer’s fee be reasonable; RPC 1.15(d), requiring that a lawyer take reasonably practicable steps to protect a client’s interests upon termination of representation (including refunding any advance payment of fee that has not been earned); RPC 8.4(i), prohibiting, inter alia, any act which reflects disregard for the rule of law; RPC 8.4(j), prohibiting a lawyer from willfully disobeying or violating a court order directing him or her to do, or ceasing to do, an act which he or she ought in good faith to do or forbear; and RPC 8.4(k), prohibiting a lawyer from violating his or her oath as an attorney (namely, “abide by” the laws of the State of Washington).
Linda B. Eide represented the Bar Association. Mr. Weinberg represented himself. |