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James D. Hughes (WSBA No. 15165, admitted 1985), of Portland, OR, was suspended from the practice of law for six months, by order of the Washington State Supreme Court, effective July 20, 2004, imposing reciprocal discipline based on an order from the state of Oregon. This discipline was based on his lack of diligence in a bankruptcy litigation matter.
In March 1996, Mr. Hughes agreed to represent clients in a proceeding to determine the dischargability in bankruptcy of a judgment they obtained. The clients lived out of state and also had local counsel. Mr. Hughes failed to notify the clients that the court had set their case for trial. Local counsel advised Mr. Hughes that the case would no longer be pursued. Mr. Hughes agreed to notify the clients, but failed to do so. Later, the court dismissed the clients’ case for failure to prosecute. The clients terminated Mr. Hughes’s employment and asked that he return their file. He returned a portion of the file after the clients contacted the Oregon State Bar.
At the time of this conduct, Mr. Hughes was meeting with a probation monitor following a prior suspension. Mr. Hughes did not tell the probation monitor of his failures in the Hughes matter.
Mr. Hughes’s conduct violated Oregon Code of Professional Responsibility 1-102(A)(4), prohibiting conduct prejudicial to the administration of justice; 6-101(B), prohibiting neglecting a legal matter entrusted to a lawyer; 7-101(A)(1), prohibiting intentionally failing to seek clients’ lawful objectives through reasonably available permissible means; and failing to promptly pay or deliver client property upon request.
Felice Congalton represented the Bar Association. Mr. Hughes represented himself. |