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John G. Bell (WSBA No. 4209, admitted 1968), of Seattle, was suspended for 18 months, effective May 12, 2005, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct in 2003 and 2004 involving failure to promptly respond to inquiries and requests for information relevant to a grievance as required by the Rules for Enforcement of Lawyer Conduct. John G. Bell is to be distinguished from John E. Bell of Olympia and John H. Bell of Tacoma.
In February 2003, the Bar Association received a grievance against Mr. Bell. In March 2003, the Association requested that Mr. Bell respond to the grievance within two weeks. He did not respond to the request nor to a subsequent letter notifying him that the response was overdue and that a failure to respond would subject him to a deposition.
In June 2003, the Association attempted to personally serve Mr. Bell with a subpoena duces tecum. The Association was unable to effect service because Mr. Bell’s office address was a private mailbox facility and he did not answer the door at his residence. In July 2003, the Association again attempted to personally serve Mr. Bell with a subpoena duces tecum but again was unable to effect service.
In August 2003, the Association mailed certified letters to Mr. Bell at his residential and office addresses, instructing him to contact the Association to arrange for personal service. Although the Association received return receipts for the letters, Mr. Bell did not contact the Association as directed.
In October 2003, the Association served Mr. Bell with a petition for interim suspension under ELC 7.2(a)(3) for failing to cooperate with the disciplinary investigation. Mr. Bell did not reply to the Supreme Court’s show cause order and did not appear at the show cause hearing. On November 19, 2003, the Court entered an order suspending Mr. Bell until he complied with the Association’s requests for information.
In March 2004, the Association filed a formal complaint in the matter. In April 2004, the Association filed a motion for default. In May 2004, Mr. Bell filed an answer to the complaint, but did not thereafter participate in the proceedings.
Mr. Bell’s conduct violated RPC 8.4(l), prohibiting a lawyer from violating a duty imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(e), requiring a lawyer to promptly respond to any inquiry or request for information relevant to grievances).
Kevin M. Bank represented the Bar Association. Mr. Bell represented himself. Paul M. Larson was the hearing officer. |