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R. Stuart Phillips (WSBA No. 29701, admitted 1999), of Indianola, was disbarred, effective February 23, 2005, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct between 2001 and 2003 involving forgery and the filing of false documents, failure to keep a client informed about the status of a matter, and failure to cooperate with a disciplinary investigation.
In August 2001, a client hired Mr. Phillips to represent her in seeking modification of a child support obligation of her former spouse. In December 2001, Mr. Phillips prepared and signed the client’s name under penalty of perjury on two declarations and on a child support worksheet, without indicating that he had signed the client’s name and without the client’s authorization. The declarations contained inaccurate information. At the time, Mr. Phillips knew the documents required the client’s original signature. Mr. Phillips filed the documents with the superior court without disclosing to the court or the adverse party that the client had not signed them. One of the declarations contained provocative and demeaning language, and the client would not have signed it.
Mr. Phillips failed to keep the client informed about the status of the modification hearing. Mr. Phillips failed to notify the client that he had obtained an order continuing the hearing date; as a result, the client did not attend the hearing and was unable to assist Mr. Phillips in drafting the language of the final order. The court denied the client’s petition for modification of child support.
During its investigation of the matter, the Bar Association obtained information indicating that Mr. Phillips may have signed another client’s name on a document. Although the Bar Association requested that Mr. Phillips provide that client’s file as part of its investigation, Mr. Phillips intentionally failed to produce the complete client file.
Mr. Phillips’s conduct violated RPC 1.4(a), which requires a lawyer to keep a client reasonably informed about the status of a matter; RPC 3.3(a), which prohibits a lawyer from knowingly making a false statement of material fact or law to a tribunal; RPC 3.4(b), which prohibits a lawyer from falsifying evidence; RPC 3.4(c), which prohibits a lawyer from knowingly disobeying an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists; RPC 8.4(b), which prohibits a lawyer from committing a criminal act (here, forgery) that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c), which prohibits a lawyer from engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation; RPC 8.4(d), which prohibits a lawyer from engaging in conduct that is prejudicial to the administration of justice; and RPC 8.4(l), which prohibits a lawyer from violating a duty imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(f), the duty to respond to inquiries or requests about matters under investigation).
Debra Slater represented the Bar Association. Mr. Phillips represented himself. |