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F. Daniel Graf (WSBA No. 18294, admitted 1988), of Olympia, was suspended for one year, effective July 8, 2005, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct in 2003 in two matters involving failure to comply with duties on suspension, failure to cooperate with a disciplinary investigation, collection of an advance fee while suspended from the practice of law, practicing law while suspended, and failure to refund the unearned portion of a fee.
On June 26, 2003, Mr. Graf was suspended from the practice of law on an interim basis by order of the Supreme Court. During the period of his suspension, Mr. Graf engaged in the following conduct that established grounds for discipline:
• In two instances, failing to notify clients and others of his inability to act as required by Rule for Enforcement of Lawyer Conduct 14.1.
• Destroying documents contained in a client file after having been directed by the Bar Association to retain all records, files, and accounts relating to the matter.
• Accepting payment of $500 in fees from a client knowing that he could not represent the client owing to the interim suspension.
• Preparing a bankruptcy petition.
• Failing to return the unearned portion of a fee to a client whom Mr. Graf could not continue to represent owing to the suspension.
Mr. Graf's conduct violated RPC 1.15(d), requiring that a lawyer take steps to the extent reasonably practicable to protect a client's interests upon termination of representation, including refunding any advance fee payment that has not been earned; RPC 5.5(e), prohibiting lawyer from engaging in the practice of law while on inactive status or while suspended from the practice of law; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation; and RPC 8.4(l), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(f) and ELC 14.1).
Jonathan H. Burke represented the Bar Association. Mr. Graf represented himself. Vicki Lee Anne Parker was the hearing officer. |