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Neil W. Jackson (WSBA No. 32574, admitted 2002), of Portland, Oregon, was suspended for 60 days, effective March 10, 2006, by order of the Washington State Supreme Court imposing reciprocal discipline in accordance with an order of the Supreme Court of the State of Oregon following a stipulation. This discipline was based on his conduct between 1997 and 2004 involving improper withdrawal, neglect of a legal matter, failure to account for client funds, and failure to properly deliver client property.
Mr. Jackson was hired by a client to represent her in a personal-injury matter. In March 1997, Mr. Jackson filed a complaint on behalf of the client. The court entered an order transferring the action to arbitration. Mr. Jackson requested that the client deliver $1,100 for costs incurred and to be incurred in the action, which he received in October 1997 and deposited into his lawyer trust account. In October 1997, Mr. Jackson withdrew $630.22 for expenses and costs incurred. In November 1997, the court issued a notice of pending dismissal of the action. The court dismissed the case in December 1997 and sent a copy of the judgment of dismissal to Mr. Jackson.
Between October 1997 and October 2001, Mr. Jackson failed to respond to the client’s telephone calls and letters, failed to provide the client with written communications from the opposing party’s counsel and other persons, failed to respond to inquiries and requests from the opposing counsel, failed to provide the client with a copy of the court’s notice of pending dismissal and judgment of dismissal of the action, failed to take action to reinstate the case, failed to notify the client that he was taking no action and was no longer representing or pursuing her interests, failed to monitor the client’s case, and failed to take action to protect the client’s interests. In October 2001, the client hired a new lawyer, who requested a copy of the documents contained in Mr. Jackson’s file. Mr. Jackson did not deliver the documents until March 2002, after the new lawyer had made additional requests. Until June 2004, Mr. Jackson failed to deliver the unused balance of the client’s funds and failed to account for those funds.
Mr. Jackson’s conduct violated Oregon DR 2-110(A)(2), prohibiting a lawyer from withdrawing from employment until the lawyer has taken reasonable steps to avoid foreseeable prejudice to the rights of the lawyer’s client, including giving due notice to the lawyer’s client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, and complying with applicable laws and rules; DR 6-101(B), prohibiting a lawyer from neglecting a legal matter entrusted to the lawyer; DR 9-101(C)(3), requiring a lawyer or law firm to maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to the lawyer’s client regarding them; and DR 9-101(C)(4), requiring a lawyer to promptly pay or deliver to a client as requested by the client the funds, securities, or other properties in the possession of the lawyer that the client is entitled to receive.
Felice P. Congalton represented the Bar Association. Mr. Jackson represented himself. |