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Paul White, a.k.a. Krishan Kumar (WSBA No. 26511, admitted 1996), of Jaipur, India, was disbarred, effective November 30, 2004, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct in 2002 and 2003 involving the submission of false material information on applications for admission to the Hawaii State Bar Association and the Law Society of British Columbia, failure to notify the Washington State Bar Association that he had changed his legal name, and failure to cooperate with a disciplinary investigation. (Mr. White is to be distinguished from Paul Joseph White of Golden, Paul R. White of Ephrata, and Paul S. White of Spokane.)
Mr. White, then named Krishan Kumar, was admitted to practice law in India in May 1992. He unsuccessfully applied for admission to the State Bar of California six times between 1993 and 1996. He was admitted to practice law in the state of Washington in December 1996 under the name Krishan Kumar. Between 1997 and 2003, he maintained an office and practiced law in Seattle.
In April 2001, identifying himself as a King County resident, he changed his name to Paul White in King County District Court. In May 2001, Mr. White changed his membership record with the Washington State Bar Association to reflect his new name.
In June 2001, Mr. White was suspended from the practice of law in the state of Washington for 30 days for violations of the Rules of Professional Conduct.
In January 2002, Mr. White submitted an application for enrollment in the Law Society of British Columbia using the name Krishan Kumar. Although declaring under oath that the information in the application was true, accurate, and complete, Mr. White omitted material facts in responding to questions concerning changes of name and use of other names, other admissions, and prior residences and employment. Specifically, he did not disclose his use of the name Paul White, his membership in the Washington State Bar Association, or his employment or residence in Washington. Mr. White withdrew his application after the Law Society of British Columbia instituted a character and fitness hearing based on the omitted information.
In July 2002, Mr. White submitted an application for admission to the Hawaii State Bar Association using the name Krishan Kumar. Although representing that he had answered all questions candidly, fully, frankly, and truthfully, and that the answers were complete and to the best of his knowledge, Mr. White omitted material facts in responding to questions concerning use of other names, admissions in other jurisdictions, membership in other bar associations, applications made in other jurisdictions, prior discipline, prior employment, and prior residences. Specifically, he did not disclose his use of the name Paul White, his admission to practice in Washington, his membership in the Washington State Bar Association, his applications for admission in California and Washington, his 30-day disciplinary suspension in Washington, or his employment or residence in Washington. (In October 2002, Mr. White amended his answers to indicate that he had applied for admission in “California/Washington” in “1993/1994” but was not admitted because he failed the bar examination.) In January 2003, Mr. White withdrew his application after the Hawaii Board of Examiners questioned the veracity of his application.
In March 2003, Mr. White changed his name back to Krishan Kumar in King County District Court. In July 2003, the Washington State Bar Association opened a grievance to investigate Mr. White’s statements in connection with his applications for admission in other jurisdictions. Between July and October 2003, disciplinary counsel endeavored to obtain Mr. White’s response to the grievance. Although Mr. White notified the Bar Association that he had returned permanently to India, he did not designate a resident agent for service as required by APR 5(e), nor did he respond to the grievance.
Mr. White’s conduct violated RPC 8.1, prohibiting a lawyer in connection with a bar admission application from knowingly making a false statement of material fact or failing to disclose a fact necessary to correct a misapprehension known to have arisen in the matter; RPC 8.4(b), prohibiting commission of a criminal act (namely, false swearing) 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; RPC 8.4(n), prohibiting a lawyer from engaging in conduct demonstrating an unfitness to practice law; and ELC 5.3(e), requiring a lawyer to promptly respond to any inquiry or discovery request made in connection with a disciplinary investigation.
Sachia Stonefeld Powell represented the Bar Association. Mr. White represented himself. Scott M. Ellerby was the hearing officer. |