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J. Rodney DeGeorge (WSBA No. 22931, admitted 1993), of Tacoma, was disbarred, effective January 30, 2006, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct in 11 matters.
Between 2001 and 2005, Mr. DeGeorge engaged in the following conduct that established grounds for discipline:
• Failing to file notices of appearance, motions for post-trial relief, a motion for a new trial, and a motion to withdraw a guilty plea (in some instances after having misrepresented to clients and others that such documents were already filed).
• Misrepresenting the outcome of a case to a client, and misrepresenting to several clients that he had taken certain action in their cases when those steps had not occurred.
• Collecting fees from clients and failing to perform any work on the cases or taking only minimal action.
• Retaining fees paid for work that was never performed.
• Failing to appear for trials and scheduled court hearings.
• Failing to communicate with clients and failing to respond to client requests for information.
• Failing to inform a judge that trial was set for the next day when obtaining an ex parte order sending his client for a competency evaluation.
• Making misrepresentations to a court about a client's eligibility for a Special Sex Offender Sentencing Alternative.
• Failing to respond to requests for information during the course of a disciplinary investigation, and failing to appear at depositions as required by subpoenas issued by disciplinary counsel.
• Making false statements and producing a backdated document in an effort to mislead Bar Association investigators.
• Failing to appear before the WSBA Board of Governors for the administration of a reprimand as required by ELC 13.4(a).
Mr. DeGeorge'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; RPC 3.2, requiring a lawyer to make reasonable efforts to expedite litigation consistent with the interests of the client; RPC 3.3(a)(1), prohibiting a lawyer from making a false statement of material fact or law to a tribunal; RPC 3.3(f), requiring a lawyer in an ex parte proceeding to inform the tribunal of all relevant facts known to the lawyer that should be disclosed to permit the tribunal to make an informed decision; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; 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 in connection with a disciplinary matter.
Christine Gray represented the Bar Association. Mr. DeGeorge represented himself. Lawrence R. Mills was the hearing officer. |