December 2000

Disciplinary Notices

These notices of imposition of disciplinary sanctions and actions are published pursuant to Rule 11.2(c)(4) of the Supreme Court's Rules for Lawyer Discipline, and pursuant to the February 18, 1995 policy statement of the WSBA Board of Governors.

Pursuant to Rule for Enforcement of Lawyer Conduct 3.6(b), file materials relating to a matter concluded with an admonition may be destroyed five years after the admonition was issued. In admonition matters, it is the WSBA’s policy to remove the disciplinary notice from the Washington State Bar News website archive five years after the admonition was issued, regardless of whether the WSBA’s file materials are destroyed.

For a complete copy of any disciplinary decision, call the Washington State Disciplinary Board at 206-733-5926, leaving the case name and your address, or electronically submit your requests at http://pro.wsba.org/forms/publicrequest.asp. A list of recent disciplinary notices is available on the WSBA Website.

Reprimand

Gregory Esau (WSBA No. 22404, admitted 1993), of Bellevue, has been ordered to receive a reprimand pursuant to a stipulation for discipline approved by the Disciplinary Board on January 12, 2000. The discipline is based upon his failure to deal properly with a client's advance fee deposit.

On July 2, 1996, Mr. Esau agreed to represent a client in a dissolution of marriage action. The written fee agreement required that the client pay a $1,700 advance fee deposit that Mr. Esau would apply against fees and costs as they were incurred. Mr. Esau deposited the client's funds into his general account because he did not have a trust account. He prepared preliminary pleadings for the client and then explained that he would be on vacation for the next three to four weeks and would not be able to do further work until he returned. The client was not willing to wait and discharged Mr. Esau, requesting a refund of the remainder of his $1,700. Mr. Esau did not respond to the client's letter. The client wrote to Mr. Esau two more times; Mr. Esau did not respond. On January 23, 1997, the client obtained an uncontested King County District Court judgment against Mr. Esau. Mr. Esau satisfied this judgment on March 5, 1997. Mr. Esau opened a trust account in 1998.

Mr. Esau's conduct violated RPC 1.14, requiring lawyers to deposit advance fee payments into trust accounts, provide clients with accountings when requested and timely refund unearned advance fees upon discharge.

Marsha Matsumoto represented the Bar Association. Leland Ripley represented Mr. Esau.

Censured

Richard D. Wall (WSBA No. 16581, admitted 1986), of Spokane, has been ordered to receive a censure pursuant to a stipulation approved by the Disciplinary Board on January 12, 2000. This discipline is based on Mr. Wall's practicing law while on inactive status.

On July 15, 1996, the Spokane County Prosecuting Attorney's Office hired Mr. Wall as a deputy prosecuting attorney. During the first or second week of July, Mr. Wall contacted the Washington State Bar Association (WSBA) requesting a change in his status from inactive to active because of his position with the Spokane Prosecutor's Office. The WSBA received Mr. Wall's status change application and check on July 25, 1996. The next day, the WSBA wrote Mr. Wall that his status could not be changed until he completed the required continuing legal education (CLE) credits. Mr. Wall did not inform his employer that he was on inactive status. He began handling criminal prosecutions after the first week of August.

During the month of August, Mr. Wall and the WSBA discussed his CLE credits and inactive status by letter and telephone. In late August, Mr. Wall asked that the MCLE Board waive his deficient CLE credits. Through an error, this matter was not placed on the September 1996 MCLE Board agenda. In December 1996, Mr. Wall received his annual licensing form from the WSBA, showing that his status was still inactive. In January 1997, Mr. Wall contacted the WSBA licensing department again, asking why he remained on inactive status. On January 14, 1997, Mr. Wall informed his supervisor that he was on inactive status and could not continue to practice until his CLE credits were completed and his status could be changed. Mr. Wall completed the required CLE credits and was returned to active status on February 3, 1997.

Mr. Wall's conduct violated RLD 1.1(l), which subjects a lawyer to discipline for engaging in the practice of law while on inactive status; and RPC 5.5(a), which prohibits a lawyer from practicing law in a jurisdiction where doing so violates the regulations of the profession.

Jonathan Burke represented the Bar Association. Mr. Wall represented himself.

Nondisciplinary Notices

Interim Suspension

Clayton Cochran (WSBA No. 23102, admitted 1993), of Vancouver, was ordered suspended from the practice of law pending the outcome of disciplinary proceedings by Supreme Court order entered July 18, 2000.

Terry L. Deglow (WSBA No. 13357, admitted 1983), of Spokane, was ordered suspended from the practice of law pending the outcome of disciplinary proceedings by Supreme Court order entered July 10, 2000.

Hugh Kelly (WSBA No. 14616, admitted 1984), of Spokane, was ordered suspended from the practice of law pending the outcome of disciplinary proceedings by Supreme Court order entered May 18, 2000.

Interim suspension is pursuant to RLD Title 3 and is not a disciplinary sanction.

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