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Clayton C. Cochran (WSBA No. 23102, admitted 1993), of Vancouver, was disbarred, effective August 30, 2001, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct between 1997 and 2000 in multiple client matters.
Between August 1997 and January 2000, Mr. Cochran engaged in the following conduct that established grounds for discipline:
• Misrepresenting to a client that he had commenced a lawsuit on her behalf;
• In three instances, failing to prepare and file documents in dissolution cases;
• In two instances, misrepresenting to clients that court hearings had been scheduled when they had not;
• In 18 instances, failing to communicate to clients by not responding to messages and reasonable requests for information;
• In 11 instances, failing to take any action to further client’s cases;
• In 13 instances, accepting client payments, failing to perform the agreed upon services, and retaining possession of and misappropriating the money for his own use;
• In 13 instances, failing to refund unreasonable and unearned fees to clients and failing to account to clients regarding their funds;
• In 11 instances, failing to return client files to clients upon request;
• Failing to provide requested information to the Bar Association and failing to appear at a deposition in the course of the ensuing disciplinary investigation.
Mr. Cochran’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4(a), requiring lawyer to keep a client reasonably informed about the status of a matter and to promptly comply with reasonable requests for information; RPC 1.4(b) requiring a lawyer 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 1.14(b)(4), requiring a lawyer to promptly pay or deliver to the client as requested by a client the funds, securities, or other properties in the possession of the lawyer which the client is entitled to receive; RPC 1.15(d), requiring a lawyer, when representation has ended, to take steps to the extent reasonably practicable to protect a client's interests, including surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned; RPC 3.2, requiring a lawyer to make reasonable efforts to expedite litigation consistent with the interests of the client; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, theft in the second degree) that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; and 8.4(c) prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
Becky A. Neal represented the Bar Association. Mr. Cochran represented himself. George S. Lundin was the hearing officer.
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