June 2002

Disciplinary Notices

Mark D. Bantz (WSBA No. 7790, admitted 1977), formerly of Spokane, has been suspended for two years by order of the Supreme Court approving a stipulation effective March 4, 2002. The discipline is based on his failure to diligently represent three clients and failure to return unearned fees upon termination of representation from 1996 to 1998.

Matter 1: In 1999, Mr. Bantz agreed to file a lawsuit for a client against an automobile dealer for a flat fee of $750. During October and November, Mr. Bantz refused to give the client his law office phone number, making it difficult for the client to contact Mr. Bantz after January 2000. In April 2000, when no lawsuit had been filed, the client asked Mr. Bantz to return his fees and original papers. After the client called the WSBA, Mr. Bantz returned the original papers, but did not return the fees. In a bankruptcy proceeding, Mr. Bantz discharged the debt to the client.

Matter 2: In August 1998, Mr. Bantz agreed to substitute as counsel for plaintiffs in a lawsuit set for trial in January 1999. The clients paid a $2,700 advance fee deposit. Although the clients instructed Mr. Bantz to proceed to trial in January, the trial was indefinitely continued. The clients learned from the court administrator that Mr. Bantz told the court not to reschedule the trial until the court heard from him. Mr. Bantz failed to return the clients' calls from January through May 1999. In May, the clients fired Mr. Bantz and asked him to return their advance fee deposit. When Mr. Bantz did not return the fee, the clients filed a complaint in small-claims court, but were unable to locate Mr. Bantz for service. In a bankruptcy proceeding, Mr. Bantz discharged the debt to the clients. In April or May 2000, Mr. Bantz stopped practicing law in Washington and moved to Alaska.

Matter 3: In 1993, Mr. Bantz agreed to represent a personal representative (PR). In October, beneficiaries of a will filed a petition contesting the will. After the court dismissed the will contest, the PR prepared a final accounting and inventory, and prepared to distribute the remaining estate assets. Mr. Bantz failed to take any action to close the estate; however, he paid himself $39,500 in fees from the estate.

One of the beneficiaries filed a petition to compel the PR to file the final report and distribute the remaining assets. Mr. Bantz did not respond to the petition or inform the PR of the petition; the court awarded attorneys' fees against the PR. The client fired Mr. Bantz after the court issued a show-cause order asking why the client should not be removed as PR. The PR's new counsel closed the estate and satisfied the court's judgment.

The court ordered Mr. Bantz to return $23,500 of the $39,700 in attorney's fees. The client filed a civil complaint against Mr. Bantz for negligence. Mr. Bantz agreed to a stipulated judgment of $17,275.27, but then discharged the debt in bankruptcy.

Mr. Bantz's conduct violated RPCs 1.3 and 3.2, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to keep their clients informed of the status of their matters; 1.15, requiring lawyer to refund unearned fees when representation is terminated; and 1.5(a), requiring lawyers' fees to be reasonable.

Anthony Butler represented the Bar Association. Mr. Bantz represented himself.

David E. Grashin (WSBA No. 19609, admitted 1990), of Seattle, has been suspended for 12 months by order of the Supreme Court effective March 4, 2002, following a hearing. This discipline is based on his failure to avoid conflicts of interest in 1997.

In early September 1997, Mr. Grashin agreed to meet a client to make some minor changes to his existing will. The original will left one-third of the client's estate to the following three organizations: United Services Organization, Jewish Welfare Board and Mason Relief Organization Grand Lodge of Washington State. The client, who intended that the new will leave $10,000 per year to each of two children, died September 12.

The new will that Mr. Grashin had drafted included large gifts to a school and a synagogue that had not been included in the original will. Mr. Grashin's children attended the school, his family attended the synagogue, and he had served on both boards. The new will also left one-time gifts of $10,000 each to the two children mentioned in the first will. The hearing officer found that Mr. Grashin intentionally failed to draft the will in accordance with the client's stated intentions, did not explain his personal interests in these institutions to the client, and did not read the names and amounts of these bequests to the client during the will-signing.

Mr. Grashin's conduct violated RPCs 1.2 and 8.4(c) by failing to abide by the client's decisions concerning the representation; and 1.7(b), prohibiting lawyers from accepting representation of a client if the representation may be materially limited by the lawyer's own interests, unless the client consents in writing after a full disclosure.

Becky Neal represented the Bar Association. Kurt Bulmer represented Mr. Grashin. The hearing officer was Lee Kraft.

Dan P. Evich (WSBA No. 5615, admitted 1974), of Edmonds, was suspended for 30 days by order of the Supreme Court effective January 3, 2002. Mr. Evich was reinstated on February 10, 2002. This discipline was based on Mr. Evich's willful failure to comply with a disciplinary-costs order.

In 1997, a hearing officer recommended that Mr. Evich receive an admonition. In June 1997, the Disciplinary Board entered an order assessing $1,337.57 against Mr. Evich. Although Mr. Evich had sufficient funds, he failed to pay the assessed costs. The Office of Disciplinary Counsel filed a new disciplinary action based on Mr. Evich's failure to pay the ordered costs.

In May 2001, Mr. Evich sent the WSBA a check for $1,337, requiring that the Association place the money in a holding account until the disciplinary matter was resolved. The hearing officer found that Mr. Evich willfully failed to comply with the order assessing disciplinary costs against him.

Mr. Evich's conduct violated RLD 5.7(i).

Jonathan Burke represented the Bar Association. Mr. Evich represented himself. The hearing officer was Michael L. Lewis.