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Oleg Ordinartsev (WSBA No. 27574, admitted 1997), of Bothell, was disbarred, effective April 18, 2007, by order of the Washington State Supreme Court following a default hearing. This discipline was based on his conduct in 2004 and 2005 involving the practice of law while suspended, failure to communicate with clients, misrepresentations to a third party, trust account irregularities, and noncooperation with a disciplinary investigation.
On November 29, 2004, Mr. Ordinartsev was suspended from the practice of law for a period of two years by order of the Washington State Supreme Court. In two personal injury matters, Mr. Ordinartsev failed to notify the clients that he was suspended and unable to act as their lawyer. During the period of his suspension Mr. Ordinartsev continued communicating with insurance company representatives regarding his clients’ claims and negotiated settlements of both matters.
In one of the matters, following receipt of the settlement check, Mr. Ordinartsev disbursed funds to himself and the client before the deposited check had cleared the banking system. Mr. Ordinartsev’s accounting to the client reflected that he was disbursing funds to the client’s insurance company to discharge a subrogation interest. Mr. Ordinartsev repeatedly falsely represented to an insurance company representative that he had issued a check to discharge the subrogation interest. He instead used the funds to pay personal and/or business expenses.
During the Bar Association’s investigation of an ensuing grievance, Mr. Ordinartsev failed to promptly respond to the grievance and testified falsely during a deposition taken during the investigation.
Mr. Ordinartsev’s conduct violated RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; former RPC 1.15(a)(1), requiring a lawyer to withdraw from representation of a client if the representation will result in the violation of the Rules of Professional Conduct or other law; RPC 4.1, prohibiting a lawyer, in the course of representing a client, from knowingly making a false statement of material fact or law to a third person; RPC 4.4, prohibiting a lawyer, in representing a client, from using means that have no substantial purpose other than to embarrass, delay, or burden a third person; 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 5.5(e), prohibiting a lawyer from practicing law while on inactive status, or while suspended from the practice of law for any cause; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, the unauthorized practice of law and 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(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or any other act which reflects disregard for the rule of law; 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(k), prohibiting a lawyer from violating his or her oath as an attorney; 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, 5.3, 14.1(c), and 14.2) in connection with a disciplinary matter; and RPC 8.4(n), prohibiting a lawyer from engaging in conduct demonstrating unfitness to practice law.
Marsha A. Matsumoto represented the Bar Association. Mr. Ordinartsev did not appear either in person or through counsel. Scott M. Ellerby was the hearing officer.
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