| Description: |
Timothy P. Coogan (WSBA No. 16508, admitted 1986), of Tacoma, was ordered to receive a reprimand on September 29, 2005, following a stipulation approved by a hearing officer. This discipline was based on his conduct involving lack of diligence, failure to communicate with a client, and failure to refund an unearned fee.
Mr. Coogan represented a client in a reckless-driving case. The client paid Mr. Coogan a $1,000 fee, which was described in the fee agreement as "fully earned non-refundable." During this time period, Mr. Coogan suffered from health problems and was briefly hospitalized. Because his condition was incorrectly diagnosed, Mr. Coogan believed he would recover shortly and be able to represent the client. However, he failed to explain this to the client. At three pre-trial hearings in the client's case, Mr. Coogan arranged for contract lawyers to appear and request continuances. During the representation, the client called and left messages, but he was unable to reach Mr. Coogan, who did not personally return the client's phone calls. After four months, the client hired other counsel and requested a refund of the $1,000 fee paid to Mr. Coogan. Mr. Coogan refunded $250 at that time. Approximately six months after a grievance was filed against him by the client, and over a year after the representation ended, Mr. Coogan refunded the remaining $750.
Mr. Coogan's conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, to promptly comply with reasonable requests for information, and to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; RPC 1.5(a), requiring a lawyer's fee to be reasonable; and RPC 1.15(d), requiring a lawyer to take steps to the extent reasonably practicable to protect a client's interests upon termination of the representation, including refunding any advance fee payment that has not been earned.
Anne I. Seidel represented the Bar Association. Mr. Coogan represented himself. David B. Condon was the hearing officer. |