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Donna J. Light (WSBA No. 22465, admitted 1993), of Renton, was disbarred, effective March 29, 2006, by order of the Washington State Supreme Court following a hearing. This discipline was based on her conduct between 2003 and 2005 in multiple matters.
Ms. Light’s conduct establishing grounds for discipline included the following:
• Failing to competently and diligently represent clients in 16 matters, including failing to timely file pleadings and other paperwork, failing to adequately review the contents of and correct inaccuracies in filed pleadings, failing to perform adequate research, failing to prepare for or appear at hearings and trials, and failing to appear for scheduled meetings with clients.
• Filing bankruptcy schedules, a bankruptcy plan, and other pleadings known to Ms. Light to contain false and misleading information in violation of 11 U.S.C. §152; filing a Chapter 13 bankruptcy plan for a client without the client’s knowledge or consent; and filing bankruptcy schedules and a statement of financial affairs that were never reviewed by the clients.
• Failing to keep clients informed about the status of their cases, failing to maintain an adequate telephone system or address where clients and opposing counsel could reach her, disregarding telephone messages and letters from clients requesting information about their cases, and intentionally concealing her whereabouts from clients.
• Charging unreasonable fees for the amount of work performed, failing to refund unearned fees to clients after having failed to provide legal services, and failing to return documents or files upon client request following termination of representation.
• Losing or destroying most or all of a client file in a bankruptcy matter.
• Misrepresenting case status to clients, falsely representing to clients that she would refile or had already filed pleadings when she had not, deceptively promising to refund fees as a means to lure clients into rehiring her, and deceptively obtaining fees from clients without intending to perform legal services for them (constituting theft by deception).
• In connection with the disciplinary investigation and proceeding, failing to attend a scheduled deposition and failing to deliver client files and records to disciplinary counsel as required by a scheduling order and an order to compel.
In February 2005, Ms. Light was personally served with an order to show cause issued by the Washington State Supreme Court. The order directed Ms. Light to appear in March before the Washington State Supreme Court, which she failed to do. In March 2005, the Supreme Court issued an order immediately suspending Ms. Light from the practice of law. Disciplinary counsel sent Ms. Light a notice of duties upon suspension pursuant to ELC 14.1. Ms. Light continued to engage in the practice of law and failed to comply with the duties upon suspension, which included notifying all clients of the suspension, notifying the tribunal of the inability to act in pending matters, filing an affidavit of compliance, and returning unearned fees and client files.
Ms. Light’s conduct violated RPC 1.1, requiring a lawyer to provide competent representation to a client; RPC 1.2(d), prohibiting a lawyer from counseling a client to engage, or assisting a client, in conduct that the lawyer knows is criminal or fraudulent; RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4(a), requiring a lawyer to keep a client reasonably informed about the status of a matter and to promptly comply with reasonable requests for information; RPC 1.5(a), requiring a lawyer’s fees to be reasonable; 1.15(d), requiring a lawyer to take steps to the extent reasonably practicable to protect a client’s interests upon termination of representation; RPC 3.1, prohibiting a lawyer from bringing or defending a proceeding, or asserting or controverting an issue therein, unless there is a basis for doing so that is not frivolous; RPC 5.5(a), prohibiting a lawyer from practicing law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; RPC 8.4(a), prohibiting a lawyer from attempting to violate the Rules of Professional Conduct; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, theft) that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; RPC 8.4(j), prohibiting a lawyer from willfully disobeying or violating a court order directing him or her to do or cease doing an act which he or she ought in good faith to do or forbear; RPC 8.4(l), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 1.5, 10.11(g), 14.1(a) and (c), 14.2, and 14.3); and RPC 8.4(n), prohibiting a lawyer from engaging in conduct demonstrating unfitness to practice law.
Jonathan H. Burke and Scott G. Busby represented the Bar Association. Ms. Light represented herself. Timothy J. Parker was the hearing officer. |