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Wm. Guillermo Romero (WSBA No. 18316, admitted 1988), of Moses Lake, was disbarred, effective July 22, 2004, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct from 1997 through 2001 involving charging fees while representing clients at public expense, failing to file federal income tax returns, failing to diligently represent a client, failing to deposit a client's funds in a trust account, making misleading statements, and failing to cooperate with the disciplinary investigations. For additional information, please see In re Discipline of Romero, 94 P.3d 939 (2004).
Matter 1: In three client matters, Mr. Romero charged attorney's fees even though he was appointed to represent the clients at county expense. Mr. Romero did not explain to the clients that the county was obligated to pay the costs of the representation. In one case, Mr. Romero asked the client's mother for $10,000 to retain a particular mental-health expert.
Matter 2: A client gave Mr. Romero a check to cover the client's court costs and crime-victim-compensation assessment. Mr. Romero cashed the check, but did not pay the fees for three months. Mr. Romero did not have a trust account at this time. The client showed a copy of his check to a court clerk. When the clerk contacted Mr. Romero, he made misleading statements about the client's funds.
Matter 3: Mr. Romero was appointed to represent a criminal defendant on a motion to withdraw a guilty plea. The court denied the motion, and the client told Mr. Romero that he wanted to file an appeal. Mr. Romero did not file the appeal. Mr. Romero wrongly advised the client that his guilty plea waived his right to appeal the court's denial of his motion to withdraw that plea.
Matter 4: Mr. Romero was appointed to represent a Mexican national on a criminal charge. Mr. Romero negligently advised the client that he could travel to Mexico without obtaining the necessary bail modifications.
Matter 5: Mr. Romero failed to timely file his federal income tax returns for 1997, 1998, 1999, and 2000. He filed the returns for 1997 through 1999 three days prior to a deposition set in the disciplinary investigation of this matter. The hearing officer found that Mr. Romero would not have filed these returns but for the Association's investigation. Mr. Romero owed approximately $150,000 in back taxes, interest, and penalties.
Matter 6: Mr. Romero failed to cooperate with seven disciplinary investigations.
Mr. Romero's conduct violated RPCs 1.1, requiring lawyers to provide competent representation to clients; 1.2(a), requiring lawyers to abide by clients' decisions regarding the objectives of the representation; 1.3, requiring lawyers to diligently represent their clients; 1.4(a), requiring lawyers to keep clients reasonably informed of the status of their matters; 1.4(b), requiring lawyers to explain matters to the extent reasonably necessary for clients to make informed decisions; 1.5(a), requiring lawyers to charge reasonable fees; 1.14(a), requiring lawyers to place client funds in a trust account; 7.1, prohibiting lawyers from making false or misleading statements about their services; 8.4(b), prohibiting committing a criminal act that reflects adversely on the lawyers' honesty, trustworthiness, or fitness as a lawyer in other respects; 8.4(c), prohibiting engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; 8.4(i), prohibiting committing an act involving moral turpitude; and RLD 2.8(a) [now ELC 5.3(e) and (f)], requiring lawyers to promptly respond to requests for information relevant to matters under investigation.
Christine Gray and Jean McElroy represented the Association. Kurt Bulmer represented Mr. Romero. James M. Danielson was the hearing officer. |