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Larry W. Hopt (WSBA No. 12351, admitted 1982), of Seattle, was suspended for three years, effective August 17, 2005, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct in 2002, 2003, and 2004 involving failure to act with diligence and promptness, failure to respond to client requests for information, failure to place client funds into his trust account, failure to explain the basis for his fee, failure to refund unearned fees, and failure to cooperate with a disciplinary investigation.
In July 2002, Mr. Hopt agreed to complete a living trust for a husband and wife, who paid Mr. Hopt half of the total agreed fee of $1,500. There was no written fee agreement, and Mr. Hopt did not place the sum in his trust account. In October 2002, Mr. Hopt told the clients that he would forward to them a draft of the trust document for review. The clients never received the draft. Mr. Hopt neither responded to an e-mail request from the clients in December 2002 asking that he complete the work, nor to a certified letter from them in January 2003. Mr. Hopt did not respond to the couple's other additional efforts to reach him. The clients eventually consulted another lawyer who provided their estate planning services and documents.
The clients filed a grievance with the Washington State Bar Association in 2004. During the course of the disciplinary investigation, Mr. Hopt failed to promptly respond to inquiries and requests for information submitted by disciplinary counsel.
Prior to entry into the disciplinary stipulation, Mr. Hopt paid the clients $750 (without interest) as restitution.
Mr. Hopt's conduct violated RPC 1.3, requiring that a lawyer act with reasonable diligence and promptness in representing a client; RPC 1.4, requiring that a lawyer 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; RPC 1.5(a), requiring that a lawyer's fees be reasonable; RPC 1.5(b) requiring that a lawyer who has not regularly represented a client communicate to the client the basis or rate of the fee or factors involved in determining the charges for legal services and the lawyer's billing practices; RPC 1.14(a) requiring all funds of clients paid to a lawyer be deposited into a trust account; RPC 1.15(d), requiring that a lawyer take steps to the extent reasonably practicable to protect a client's interests, including refunding any advance fee payment that has not been earned; and RPC 8.4(1), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(e)).
Nancy Bickford Miller represented the Bar Association. Rita L. Bender represented Mr. Hopt. |