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Steven R. Scharfstein (WSBA No. 24992, admitted 1995), of Lake Oswego, Oregon, was suspended from the practice of law for 30 days, effective August 30, 2005, by order of the Washington State Supreme Court imposing reciprocal discipline based on an order of the Supreme Court of the State of Oregon approving a stipulation for discipline. This discipline was based on his conduct in three matters involving failure to pursue client matters diligently and failure to cooperate with a disciplinary investigation.
Matter 1: In June 1998, Mr. Scharfstein was hired by an insurance company to file suit against an uninsured motorist who had caused damage to a vehicle owned by an insured person. Between June 1998 and November 2002, when the insurance company terminated his employment, Mr. Scharfstein failed to file suit, failed to respond to the insurance company’s attempts to contact him, and failed to keep the insurance company informed about the status of its case. During an ensuing disciplinary investigation, Mr. Scharfstein failed to provide information concerning his conduct in response to requests of the Oregon State Bar Disciplinary Counsel’s Office.
Matter 2: In May 1999, Mr. Scharfstein was hired to represent a company in collection litigation. Between May 1999 and April 2002, Mr. Scharfstein failed to file a lawsuit, failed to respond to the company’s attempts to contact him, and failed to keep the company informed about the status of its case. During an ensuing disciplinary investigation, Mr. Scharfstein failed to provide information concerning his conduct in response to requests of the Oregon State Bar Disciplinary Counsel’s Office.
Matter 3: In March 2001, Mr. Scharfstein was hired by a married couple to represent them in a stepparent adoption. Between March 2001 and October 2003, Mr. Scharfstein failed to complete the adoption, failed to respond to his clients’ attempts to contact him, and failed to keep his clients adequately informed about the status of their case. In August 2003, the court dismissed the adoption proceeding for want of prosecution. Thereafter, until October 2003, Mr. Scharfstein failed to take any steps to set aside the order of dismissal. In August 2001, the same clients hired Mr. Scharfstein to represent them in a medical malpractice claim. Between November 2002 and October 2003, Mr. Scharfstein took no substantial action on their medical malpractice claim, failed to respond to attempts to contact him, and failed to keep the clients informed about the status of the case.
Mr. Scharfstein’s conduct violated Oregon DR 1-103(C), requiring a lawyer who is the subject of a disciplinary investigation to respond fully and truthfully to inquiries from and comply with reasonable requests of a tribunal or other authority empowered to investigate or act upon the conduct of lawyers; and DR 6-101(B), prohibiting a lawyer from neglecting a legal matter entrusted to the lawyer.
Joanne S. Abelson represented the Bar Association. Mr. Scharfstein represented himself. |