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Thomas Juhl (WSBA No. 24439, admitted 1994), of Seattle, was disbarred effective September 14, 2007, by order of the Washington State Supreme Court following approval of a stipulation by the Disciplinary Board. In entering into the stipulation, Mr. Juhl agreed that if the matter were to proceed to a public hearing, there was a substantial likelihood that the Bar Association would be able to prove, by a clear preponderance of the evidence, the facts and misconduct described therein (and summarized herein). This discipline was based on his conduct in two matters involving neglect of legal matters, lack of communication, and making multiple misrepresentations to clients, to other attorneys, and to the court.
Matter 1: In January 2004, a client hired Mr. Juhl to pursue a lawsuit against a former employer for back wages and they entered into a contingency-fee agreement. Mr. Juhl subsequently made the following misrepresentations to the client:
• Mr. Juhl told the client that he filed a lawsuit on behalf of the client and served notice on the employer, filed and prevailed on a summary judgment motion against the employer, hired a private investigator to locate and freeze several of the employer's accounts, filed and prevailed on a motion to assess daily fines against the employer, and filed and prevailed on a subsequent motion to increase the daily fine against the employer. In fact, no lawsuit was filed, no judgments were obtained, and no motions were filed or granted.
• Mr. Juhl gave the client two documents that appeared to be signed, conformed copies of court orders bearing a King County Superior Court cause number. The case number on the orders does not exist, and the orders had not been entered by the court.
• Mr. Juhl told the client that he had received court approval for the sheriff to seize the employer's assets, that the sheriff's office was fined for not timely executing the seizure order, and that he collected a net recovery of $847,000 on behalf of the client. None of these statements were true.
Between January 2004 and July 2005, the client filed for bankruptcy. The client's bankruptcy attorney informed the client that he had to list the "recovery" as an asset in his bankruptcy schedules and that Mr. Juhl had to file an application with the bankruptcy court for approval of any attorney fees he was owed from the "recovery." Mr. Juhl provided a sworn declaration for filing with the bankruptcy court indicating that, on a recovery of $847,000, he would be owed one-third for attorney's fees. The bankruptcy court entered an order directing Mr. Juhl to transfer $110,000 to the Chapter 13 trustee and to refund the remaining balance to the client. Mr. Juhl did not transfer the money, but later gave the client a check for $490,000 that appeared to be drawn on a personal account. There were insufficient funds in the account to cover the check. At a meeting in November 2005 with the client, and later in a phone call to the client's bankruptcy lawyer and in a sworn statement to the bankruptcy court, Mr. Juhl admitted that he had never filed the client's lawsuit, had not obtained a judgment, and had not collected any money for the client.
Matter 2: In 2001, Mr. Juhl agreed to represent a client in an attempt to recover post-high school education expenses for the client's children from her ex-husband. Mr. Juhl did not charge the client a fee for this work. Mr. Juhl subsequently made the following misrepresentations to the client:
• Mr. Juhl told the client that he had served her ex-husband with notice of a hearing they were seeking under an order of child support for the client's children entered in 1995. In fact, no matter had been filed or served.
• Mr. Juhl gave the client copies of two documents, both of which appeared to be signed judgments indicating the client had been awarded judgments in the amount of $174,935 against her ex-husband. In fact, no judgments were obtained.
Mr. Juhl told the client that she could have a lawyer from Maryland collect payment on the judgments (as the client's ex-husband lived in Maryland) and Mr. Juhl discussed with a Maryland lawyer subsequently hired by the client plans for a collection action against the ex-husband. Both the client and her Maryland lawyer requested certified copies of the judgments from Mr. Juhl. On one occasion, Mr. Juhl stated that he had sent the certified copies to the Maryland lawyer. In August 2005, the client went to Mr. Juhl's office, terminated his services, and requested her files. Mr. Juhl returned the files that had been given to him in 2001. The client subsequently hired another lawyer to represent her, who ascertained that no documents or judgments had been filed in the client's case after 1995.
Mr. Juhl'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, 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; RPC 3.3(a)(1), prohibiting a lawyer from knowingly making a false statement of material fact or law to a tribunal; RPC 4.1(a), 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 8.4(b), prohibiting a lawyer from committing a criminal act (here, forgery and unlawful issuance of a bank check) 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; and RPC 8.4(i), prohibiting a lawyer from committing any act involving moral turpitude, or corruption, or other act which reflects disregard for the rule of law.
M. Craig Bray represented the Bar Association. Mr. Juhl represented himself. |