| Description: |
Mark E. Lehinger (WSBA No. 15544, admitted 1985), of Spokane, was suspended for one year, effective upon his return to active status, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct between 2003 and 2005 involving practicing law while suspended, failure to inform clients of his suspension, and making false statements in connection with a disciplinary investigation.
In August 2003, Mr. Lehinger received notice from the Washington State Bar Association that he had been suspended from the practice of law for failure to pay licensing fees. In September 2003, believing the statute of limitations applicable to the claim would soon expire, Mr. Lehinger filed a summons and complaint for damages in Spokane County District Court, signing the complaint as “Attorney for the Plaintiffs.” Mr. Lehinger did not inform his putative clients of his suspension.
In October 2003, the Bar Association informed Mr. Lehinger that a grievance had been opened and requested his written response to the allegation that he practiced law while suspended. Mr. Lehinger’s response included the following statements: “I filed the summons and complaint, even though I had not yet heard back from the Bar Association concerning my reinstatement. Subsequently, I learned that the check I sent in payment of the dues and penalty did not clear . . . .” These statements were false. The Bar Association had informed Mr. Lehinger the day before he filed the summons and complaint that his license would not be reinstated because his check had been returned for “NSF.” That day, a WSBA employee had informed Mr. Lehinger by telephone that he was required to make payment by cashier’s check or money order and could not do so by credit card. After paying his license fees in December 2003, Mr. Lehinger was reinstated to active status. Mr. Lehinger has subsequently changed his status with the WSBA to inactive.
Mr. Lehinger’s conduct violated 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 5.5(e), prohibiting a lawyer from engaging in the practice of law while on inactive status, or while suspended from the practice of law for any cause; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; 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.
Marsha A. Matsumoto and M. Craig Bray represented the Bar Association. Mr. Lehinger represented himself. David L. Broom was the hearing officer. |