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James E. Graham (WSBA No. 15290, admitted 1985), of Renton, was disbarred, effective October 5, 2006, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct between 2000 and 2005 involving commission of criminal acts with intent to defraud a client, dishonesty, failure to keep a client reasonably informed, lack of competence, lack of diligence, failure to expedite litigation, failure to maintain appropriate records of client funds, and failure to cooperate with a disciplinary investigation.
From 1995 until early 2005, Mr. Graham lived in a furnished apartment in Renton. Mr. Graham paid no rent during the time he lived there, instead performing legal work for the building owner (“client”) and her family. Under their arrangement, Mr. Graham did not charge the client any legal fees, but would charge her for costs incurred in connection with litigation and other legal matters. Mr. Graham did not provide his client with actual bills, court receipts, or an accounting of how he spent the money she gave him for costs. He also did not maintain records of his receipts and disbursements. Between May 2000 and September 2004, Mr. Graham provided the client with eight forged documents, including falsified court orders, judgments, and other correspondence, thereby fraudulently inducing her to give him money for nonexistent legal costs.
In November 2004, in a matter pending in superior court, the judge dismissed the case with prejudice because Mr. Graham had failed to comply with a discovery order and failed to respond to the adverse party’s third motion to dismiss. Mr. Graham never informed his client that her case had been dismissed.
In February 2005, disciplinary counsel transmitted to Mr. Graham a copy of the client’s grievance and requested a response. Mr. Graham never provided a response, did not comply with a subpoena duces tecum issued by disciplinary counsel, and failed to otherwise cooperate during the disciplinary investigation.
Mr. Graham’s conduct violated RPC 1.1, requiring a lawyer to provide competent representation to a client; 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 promptly comply with reasonable requests for information; RPC 1.14(b)(3), requiring a lawyer 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 his or her client regarding them; 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 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(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any unjustified act of assault or other act which reflects disregard for the rule of law; 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; and RPC 8.4(n), prohibiting a lawyer from engaging in conduct demonstrating unfitness to practice law.
Natalea Skvir represented the Bar Association. Mr. Graham did not appear either in person or through counsel. Lawrence R. Mills was the hearing officer. |