| Description: |
Michael L. Doss (WSBA No. 25664, admitted 1996), of Portland, Oregon, was disbarred, effective October 4, 2007, by order of the Washington State Supreme Court following a default hearing. This discipline was based on conduct involving the practice of law while suspended.
Effective August 3, 2005, Mr. Doss was suspended from the practice of law in Washington for failure to pay his license fee. In July 2005, Mr. Doss was sent a copy of the suspension order by certified mail along with a notice advising him that, inter alia, he must notify all clients of his suspension, he must serve an affidavit of compliance as required by the rules, he must cease to hold himself out as a lawyer until reinstated, and he must not practice law after the date of his suspension.
At the time of his suspension, Mr. Doss had at least two active Washington clients whom he did not notify of his suspension. Mr. Doss never served an affidavit of compliance and continued to hold himself out as a lawyer licensed to practice in Washington. In November 2005, Mr. Doss signed and filed petitions for adoption, along with other related pleadings, in two Superior Court matters and noted both matters for December hearings. He delivered to the clerk two checks for filing fees, both of which were returned for insufficient funds. After the checks were returned for insufficient funds, the clerk learned that Mr. Doss was suspended and told him that he could not appear at the December hearings. Shortly thereafter, Mr. Doss wrote a letter to the WSBA that stated he "would like to immediately resign from practice," and admitted that he had never served an affidavit of compliance, had not ceased holding himself out as a lawyer licensed to practice in Washington, had engaged in the practice of law after the date of his suspension, and had at least two active Washington clients whom he did not notify of his suspension.
In December 2005, WSBA disciplinary counsel informed Mr. Doss that a grievance had been opened against him and requested a written response, along with copies of certain records, within three weeks. In January 2006, Mr. Doss requested a two-week extension, which he was granted. Mr. Doss has never provided a written response to the grievance and has never produced any of the records requested by disciplinary counsel.
Mr. Doss's conduct violated former RPC 5.5(e), prohibiting a lawyer from engaging in the practice of law while suspended from the practice of law for any cause; RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, the unlawful practice of law) that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; RPC 8.4(j), prohibiting 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; 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.
Scott G. Busby represented the Bar Association. Mr. Doss did not appear either in person or by counsel. |