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Mark J. Dynan (WSBA No. 12161, admitted 1981), of Tacoma, was suspended for six months, effective October 10, 2004, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct between 1997 and 1999 involving alteration of bills and submission of false declarations in connection with motions for attorney fees. For additional information please see In re Discipline of Dynan, 152 Wn.2d 601, 98 P.3d 444 (2004).
Mr. Dynan was hired by an insurance company in three matters to represent people insured by the company. By motion, Mr. Dynan requested attorney fees in each matter as authorized by statute and the Mandatory Arbitration Rules. The motions were supported by declarations of Mr. Dynan with attached billings. The declarations stated that the attached billings were “true and correct billings for my time and services expended on this matter.” However, the attached bills were not the actual bills sent to the insurance company. Believing that he was entitled by statute to claim a reasonable fee rather than his actual fee, Mr. Dynan had directed his office staff to white out the actual hourly rate of $100-$120 and replace it with a rate of $150 before submitting the papers to the court. Mr. Dynan did not notify the court or opposing counsel of these alterations.
Mr. Dynan’s conduct violated RPCs 3.3(a)(1), prohibiting a lawyer from making a false statement of material fact or law to a tribunal; 3.3(a)(4), prohibiting a lawyer from offering evidence the lawyer knows to be false; 3.4(b), prohibiting a lawyer from falsifying evidence, counseling or assisting a witness to testify falsely, or offering an inducement to a witness that is prohibited by law; 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
Douglas M. Fryer represented the Bar Association. Edward S. Winskill represented Mr. Dynan. Gayle T. McElroy was the hearing officer. |