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David E. Vis (WSBA No. 20599, admitted 1991), of Bellingham, was ordered to receive a reprimand following a stipulation approved by a hearing officer. This discipline was based on his conduct in 2003 and 2004 involving lack of diligence and failure to communicate with clients.
In August 2003, Mr. Vis was hired by a couple who had defaulted on payments to a bank holding a second-position deed of trust on their home. At the clients' request, Mr. Vis agreed to write to the bank to request that it forebear on foreclosing its interest in the property until the couple could sell some real property to satisfy the obligation. Mr. Vis never wrote to the bank. In August 2003, the couple received a summons and complaint in a separate collection action. Mr. Vis agreed to represent the clients and gather more information about the matter. Although he filed a notice of appearance on behalf of the clients in the proceeding, Mr. Vis never filed an answer to the complaint. In October 2003, Mr. Vis spoke with the counsel for the creditor to ask for verification of the debt, which was provided to him in May 2004. Mr. Vis did not provide this information to his clients. In June 2004, the counsel for the creditor filed a motion seeking an order of default and default judgment. The motion was scheduled for July. Mr. Vis was served with these documents, but he did not notify his clients about the motion or the hearing. Neither Mr. Vis nor his clients appeared for the hearing or otherwise responded to the motion. The creditor obtained a default judgment in the amount of $22,436.58 against Mr. Vis's clients.
Mr. Vis's conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; and RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
Sachia Stonefeld Powell represented the Bar Association. Mr. Vis represented himself. Scott M. Ellerby was the hearing officer. |