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Paul D. Jacobson (WSBA No. 26939, admitted 1997), of Redmond, was ordered to receive a reprimand on February 5, 2007, following approval of a stipulation by a hearing officer. This discipline was based on conduct in 2004 involving lack of diligence, failure to communicate, and failure to properly supervise a nonlawyer employee.
Beginning in January 2004, Mr. Jacobson began representing a client in various matters, including a criminal case. The criminal matter came to trial in July, resulting in a hung jury. In October, after a second trial, the client was convicted of the criminal charges and sentenced to 400 months in prison. At some point prior to sentencing, Mr. Jacobson had a discussion with the client about how the client's assets and property should be handled in the event of his incarceration. Mr. Jacobson was instructed by the client to assist the client's girlfriend in removing and safeguarding the personal property located at a house they shared in Monroe. They also discussed liquidating some of the property. Mr. Jacobson did not clarify with the client who would be taking custody of the property or how the liquidation would be accomplished. The client maintains that he did not specifically authorize Mr. Jacobson to liquidate his property.
At the time of the two trials in 2004, the client was separated from his wife and she had filed for dissolution proceedings. Mr. Jacobson began representing the client in the dissolution proceeding in October 2004. In the dissolution proceeding, the client's wife was claiming a share of the community assets, including items stored at the Monroe house. Mr. Jacobson sent his paralegal and some of her family members to assist the client's girlfriend in moving the client's personal property from the Monroe house to a storage facility. Mr. Jacobson paid his paralegal and her family members for providing these services. Mr. Jacobson did not provide his paralegal with any specific instructions to inventory, label, or otherwise account for the client's property. Neither Mr. Jacobson, nor his paralegal, nor anyone else from Mr. Jacobson's office ever prepared an inventory or any other accounting of the property that was removed from the Monroe house.
Sometime in October, Mr. Jacobson, his paralegal, and the client's girlfriend visited the storage facility and Mr. Jacobson noticed there were some items not appropriate for storage. Following the visit, Mr. Jacobson advised his paralegal and the client's girlfriend that they should remove the items and store them "someplace else." Subsequently, without further instructions from Mr. Jacobson, his paralegal removed the items and took them to her residence. Mr. Jacobson was aware that his paralegal was storing some of the client's items at her residence, because he saw them there when he picked her up at her residence on one or more occasions.
In October, without Mr. Jacobson's knowledge, his paralegal sold some of the client's property. She received a total of $440, which she retained. One of the items she sold, a Gibson-brand electric guitar, was worth considerably more than the $300 she received for it. In late October or November, Mr. Jacobson noticed that some of the property was missing and asked his paralegal about the missing items. She admitted she had sold them. Mr. Jacobson gave his paralegal funds to repurchase the items, but she was unable to purchase back the Gibson electric guitar.
Sometime in October 2004, Mr. Jacobson took another of the client's guitars, from either the storage unit or from his paralegal's residence, intending to show it to his son's Boy Scout group. Mr. Jacobson kept the guitar in the trunk of his car for several weeks, but did not show it to the Boy Scout group. In November, Mr. Jacobson returned the guitar to his client's brother. In December, Mr. Jacobson terminated his paralegal's employment.
Mr. Jacobson's conduct violated RPC 1.3, requiring a lawyer to act with reasonable promptness in representing a client; former RPC 1.4(b), requiring a lawyer to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation; and RPC 5.3(b), requiring a lawyer having direct supervisory authority over a nonlawyer to make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer.
Kevin M. Bank represented the Bar Association. Leland G. Ripley represented Mr. Jacobson. Gregory J. Wall was the hearing officer. |