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Dean E. White (WSBA No. 27282, admitted 1997), of Spokane, was ordered to receive a reprimand on October 9, 2007, following approval of a stipulation by the hearing officer. This discipline was based on conduct in two matters involving failure to timely file bankruptcies, filing incomplete and inaccurate information, and failure to protect clients’ interests.
Matter 1: In October 2004, Mr. White was hired to represent a client in a Chapter 7 bankruptcy. The client paid Mr. White a $350 flat fee and $210 for advance costs. In 2004, the client provided Mr. White with financial information, including client information worksheets. Mr. White delayed filing the bankruptcy for over six months. In May 2005, Mr. White filed the bankruptcy, but the petition, schedules, and other documents were incomplete and inaccurate. The petition did not include the client’s complete address. Mr. White was later informed that the client did not receive notices sent to him by the bankruptcy court because the court did not have a correct mailing address for the client. Mr. White never informed the court of the client’s correct mailing address, which was readily accessible from the materials he received. The 341 meeting of creditors was scheduled for June 2005. Mr. White did not inform the client about the meeting and, not having received notice from Mr. White or the court, the client did not appear at the meeting. The 341 meeting was rescheduled for August. Mr. White did not inform the client about the rescheduled meeting and, not having received notice from Mr. White or the court, the client did not appear at the August meeting. The trustee filed a motion to dismiss the client’s bankruptcy for failure to attend the 341 meeting. Mr. White did not respond to the motion and did not contact the client to inform him about the pending motion. The court entered an order dismissing the client’s bankruptcy. Mr. White did not attempt to inform his client about the dismissal and did not return the client’s phone messages. The client finally contacted Mr. White after he discovered his bankruptcy was dismissed and requested a refund. Mr. White did not refund any fees.
Matter 2: In December 2004, Mr. White was hired to represent a client in her bankruptcy and received $350 in attorney’s fees from the client. The client provided Mr. White with sufficient information to file the bankruptcy at the time he was hired. Between May and July 2005, the client sent Mr. White 10 e-mails expressing concern that he had not yet filed her bankruptcy and complaining about a creditor who was garnishing her wages. Mr. White did not respond to her until July 28, 2005. The next day, Mr. White filed her bankruptcy petition and schedules. The petition did not include her signature, as required by the Bankruptcy Code, and the schedules did not include some of her debts. Between August and October 2005, Mr. White received several pleadings from the U.S. Trustee regarding information that was not included in the client’s petition and bankruptcy schedules, including a complaint commencing an adversary proceeding seeking to deny the client’s discharge. Mr. White did not timely respond to the pleadings. In mid-December 2005, the client called and left several messages asking to discuss the U.S. Trustee’s Notice to Deny Discharge. The client then sent an e-mail demanding Mr. White contact her no later than the next day. Mr. White eventually spoke to the client in late December and told her he would promptly file an amendment to her bankruptcy petition, but did not do so. The client terminated Mr. White’s services in January 2006 and filed the amended schedules herself, paying an additional $30 to amend the schedules. The U.S. Trustee’s adversary proceedings were dismissed and the client discharged her debts.
Mr. White’s conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former RPC 1.4, requiring a lawyer to keep a client reasonably informed about the status of a matter, to promptly comply with reasonable requests for information, and to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; and RPC 3.2, requiring a lawyer to make reasonable efforts to expedite litigation consistent with the interests of the client.
Jonathan H. Burke represented the Bar Association. Mr. White represented himself. John H. Loeffler was the hearing officer. |