February 2007
Disciplinary Notices
These notices of imposition of disciplinary sanctions and actions are published pursuant to Rule 3.5(d) of the Washington State Supreme Court Rules for Enforcement of Lawyer Conduct, and pursuant to the February 18, 1995, policy statement of the WSBA Board of Governors.
For a complete copy of any disciplinary decision, call the Washington State Disciplinary Board at 206-733-5926, leaving the case name, and your name and address.
Note: Approximately 30,000 persons are eligible to practice law in Washington state. Some of them share the same or similar names. Bar News strives to include a clarification whenever an attorney listed in the Disciplinary Notices has the same name as another WSBA member; however, all discipline reports should be read carefully for names, cities, and bar numbers.
Suspended
Gail Schwartz (WSBA No. 28994, admitted 1999), of Spokane, was suspended for six months, effective May 11, 2006, by order of the Washington State Supreme Court following a default hearing. This discipline was based on her conduct between 2003 and 2005 involving lack of diligence, failure to abide by a client’s decisions concerning the objectives of representation, failure to provide an accounting, charging an unreasonable fee, and failure to refund unearned fees.
In April 2003, Ms. Schwartz was hired by a client to provide representation in a dissolution action. The client specifically requested that Ms. Schwartz file a withdrawal of joinder and change of venue from Lincoln County to Skagit County. In May 2003, the client signed a “Retainer Agreement” and paid Ms. Schwartz a $1,000 “minimum fee and retainer.” The agreement provided that Ms. Schwartz’s hourly rate was $120 and that a portion of the “minimum fee and retainer” could be refunded depending on the billings. In May 2003, Ms. Schwartz filed a notice of appearance and withdrawal of joinder. In July and September 2003, Ms. Schwartz wrote to her client’s estranged husband regarding a proposed property division and asked him to contact her. No other legal work was performed for the client. Between April and December 2003, the client called Ms. Schwartz weekly and spoke to Ms. Schwartz approximately five or six times. After December 2003, neither Ms. Schwartz nor anyone from Ms. Schwartz’s office contacted the client. The client’s husband also contacted Ms. Schwartz’s office on several occasions, but he was rarely able to speak to her. Ms. Schwartz made four appointments to speak with the husband regarding the dissolution, but Ms. Schwartz did not follow through on any of these appointments.
The client hired a new lawyer to obtain the change of venue and to complete the dissolution. Despite multiple requests from the client’s new lawyer, Ms. Schwartz did not sign and return a substitution of counsel, provide an itemized billing, or refund any unearned fees to her client.
Ms. Schwartz’s conduct violated RPC 1.2, requiring a lawyer to abide by a client’s decisions about the objectives of representation and to consult with the client as to the means by which they are to be pursued; RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; 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; RPC 1.5(a), requiring a lawyer’s fee to be reasonable; RPC 1.14(b)(3), requiring a lawyer to maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to his or her client regarding them; RPC 1.14(b)(4), requiring a lawyer to promptly pay or deliver to the client as requested by a client the funds, securities, or other properties in the possession of the lawyer which the client is entitled to receive; and RPC 1.15(d), requiring a lawyer to take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payment of fee that has not been earned.
Sachia Stonefeld Powell represented the Bar Association. Ms. Schwartz represented herself. Jane Bremner Risley was the hearing officer.
Admonished
Robert E. Caruso (WSBA No. 29338, admitted 1999), of Spokane, was admonished by a review committee of the Disciplinary Board. This discipline was based on his conduct in 2005 involving comments that could be construed as evidencing prejudice or bias.
In April 2005, while representing a client in a criminal matter, Mr. Caruso went to the jail to examine property. While at the jail, he told a story/joke in the presence of a corrections officer and others that included a term commonly regarded as a racial stereotype. The corrections officer was an African American and was offended by the language in the joke. Although Mr. Caruso did not intend to offend the corrections officer, it was reasonable for the corrections officer to construe the comments in an offensive manner. Mr. Caruso subsequently contacted the corrections officer and apologized for the insensitive comments.
Mr. Caruso’s conduct violated RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; and/or RPC 8.4(h), prohibiting a lawyer, in representing a client, from engaging in conduct that is prejudicial to the administration of justice toward judges, other parties and/or their counsel, witnesses and/or their counsel, jurors, or court personnel or officers, that a reasonable person would interpret as manifesting prejudice or bias on the basis of sex, race, age, creed, religion, color, national origin, disability, sexual orientation, or marital status; and/or RPC 8.4(k), prohibiting a lawyer from violating his or her oath as an attorney.
Jonathan H. Burke represented the Bar Association. Joseph J. Ganz represented Mr. Caruso.
Admonished
Jerry L. Kagele (WSBA No. 4851, admitted 1972), of Spokane, was admonished following a hearing. This discipline was based on his conduct in 2004 involving advertising while suspended from the practice of law.
In July 2003, Mr. Kagele was suspended from the practice of law for a period of one year. Preceding his suspension, Mr. Kagele advertised in various phone books distributed in Spokane, Colville, Moses Lake, Okanogan, Tri Cities, Walla Walla, and Lewiston. As a customer, Mr. Kagele received phone books for the Spokane area in the fall. Mr. Kagele did not receive copies of the other phone books in which he placed his ads. Consequently, he was not aware that the Walla Walla phone book was distributed to its customers in March. Throughout the period of suspension, Mr. Kagele took reasonable steps to comply with the requirements of his suspension. In February 2004, during the period of Mr. Kagele’s suspension, a phone book representative contacted Mr. Kagele and informed him that he was working on the Walla Walla phone book. The representative asked whether Mr. Kagele wanted to be included in it. Mr. Kagele authorized the representative to fax a contract to his Spokane office and instructed an employee to sign and return the contract. Mr. Kagele assumed that the Walla Walla phone book would be published in the fall, after the date of his expected reinstatement. Mr. Kagele was unaware that the contract provided for a March publication and delivery date, which preceded the termination of his suspension.
Mr. Kagele’s conduct violated RPC 7.1(a), providing that a lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services, including a communication that contains a material misrepresentation of fact or law or a communication that omits a fact necessary to make the statement considered as a whole not materially misleading.
Sachia Stonefeld Powell represented the Bar Association. Kurt M. Bulmer represented Mr. Kagele. Timothy H. Esser was the hearing officer.
Non-Disciplinary Notice
Theresa M. Sowinski (WSBA No. 32549, admitted 2002), of Kingston, was by stipulation suspended pending the outcome of disciplinary proceedings pursuant to ELC 7.4, effective November 29, 2006, by an order of the Washington State Supreme Court. This is not a disciplinary action.
