February 2006

Disciplinary Notices

Disbarred

F. Daniel Graf (WSBA No. 18294, admitted 1988), of Olympia, was disbarred, effective July 8, 2005, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct involving multiple episodes of sexual relations with current clients, and his conduct in permitting false information to be submitted to a tribunal in connection with the disciplinary proceeding.

Commencing in the early 1990s and continuing through 2003, Mr. Graf had sexual relations with five current clients. Mr. Graf did not adequately disclose to the clients information about how such a relationship could affect their interests or obtain written consent from the clients as to any conflicts of interest.

Prior to his disciplinary hearing, Mr. Graf assisted disciplinary counsel in obtaining a signed declaration from one of the clients with whom Mr. Graf had had sexual relations. The declaration falsely stated that the relationship between the client and Mr. Graf had been professional, not personal. Although Mr. Graf knew the statement was false and knew that the information was expected to be admitted into evidence at the disciplinary hearing, Mr. Graf delivered the declaration to disciplinary counsel and took no steps to correct the information.

Mr. Graf's conduct violated RPC 1.4(b), requiring a lawyer to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; RPC 1.7(b), prohibiting a lawyer from representing a client if the representation of that client may be materially limited by the lawyer's own interests unless the lawyer reasonably believes the representation will not be adversely affected and the client consents in writing after a full disclosure of material facts; RPC 1.8(k), prohibiting a lawyer from having sexual relations with a current client; RPC 2.1, requiring a lawyer to exercise independent professional judgment and render candid advice in representing a client; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation.

Jonathan H. Burke represented the Bar Association. Mr. Graf represented himself. Andrekita Silva was the hearing officer.

Resigned in Lieu of Disbarment

Barry A. Hammer (WSBA No. 6444, admitted 1975), of Everett, resigned in lieu of disbarment, effective June 20, 2005. This resignation was based on his conduct in entering into business transactions with multiple clients and making misrepresentations to the clients about the risks of investing in his business.

Mr. Hammer was the sole owner and operator of a corporation known as Able Mortgage. In six instances, between 1992 and 2004, Mr. Hammer persuaded clients to invest their money in Able Mortgage. Most of the investments were documented in promissory notes but were not secured. Mr. Hammer did not inform the clients that Able Mortgage had substantial debts; rather, he told clients that the investments would be perfectly safe and that the business did not have any problems. Mr. Hammer did not inform the clients of the risks involved in the investments, nor did he suggest that the clients seek the advice of independent counsel before investing the money. The terms of the investment transactions were not fair and reasonable to the clients in that the clients were not adequately apprised of the risks involved.

On September 17, 2004, Mr. Hammer filed for bankruptcy. His debts to the six clients at that time amounted to more than $1,375,000.

Mr. Hammer's conduct violated RPC 1.8(a), prohibiting a lawyer from entering into a business transaction with a client or knowingly acquiring an ownership, possessory, security, or other pecuniary interest adverse to a client unless the transaction and its terms are fair and reasonable and fully disclosed and transmitted in writing to the client, the client is given opportunity to seek the advice of independent counsel, and the client consents; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Christine Gray represented the Bar Association. John A. Holmes represented Mr. Hammer.

Suspended

Kim Wallace Comfort (WSBA No. 16645, admitted 1987), of University Place, was suspended for 18 months, effective August 17, 2005, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct between 1999 and 2003 involving lack of diligence, failure to communicate with a client, and providing false documents and false information to a client.

In 1999, Mr. Comfort represented a client in a personal injury claim. The client and Mr. Comfort entered into a contingent-fee agreement. From August 1999 through November 2002, Mr. Comfort told the client that he was diligently handling her claim when, in fact, he was not. In July 2002, one day before the expiration of the applicable statute of limitations, Mr. Comfort filed a complaint in the matter in Pierce County Superior Court. In October 2002, Mr. Comfort discovered that the summons and complaint had never been served on the defendants and that his client's lawsuit would be dismissed for failure to effect timely service of process. Mr. Comfort knew that the lawsuit's dismissal would preclude any recovery by his client, because the statute of limitations had expired. In order to conceal his error in failing to effect timely service, Mr. Comfort did not inform the client of the situation. In November 2002, Mr. Comfort contacted his client and falsely told her that he had settled the case for $14,750. Mr. Comfort fabricated the settlement to avoid telling his partners about the potential malpractice claim.  Mr. Comfort then fabricated settlement documents and paid the client $7,343.32, which he falsely stated was the client's share of the settlement proceeds. The settlement statement inaccurately reflected that Mr. Comfort had received $4,000 as his contingent fee.

In April 2002, the lawyer for the defendant filed a motion to dismiss the lawsuit for failure to effect service. Without his client's knowledge or authorization, Mr. Comfort signed and agreed to entry of a stipulation and order of dismissal. In March 2004, the client contacted Mr. Comfort inquiring about the unpaid PIP claim relating to her personal injury claim. Mr. Comfort falsely stated that the claim had been paid and apparently misapplied to the wrong account. After discovering that there was no settlement from her PIP carrier, the client confronted Mr. Comfort, who apologized and admitted there was no settlement.

Mr. Comfort's conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; RPC 1.4(a), requiring a lawyer keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information; and RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.

Jonathan H. Burke represented the Bar Association. Mr. Comfort represented himself.

Suspended

F. Daniel Graf (WSBA No. 18294, admitted 1988), of Olympia, was suspended for one year, effective July 8, 2005, by order of the Washington State Supreme Court following a hearing. This discipline was based on his conduct in 2003 in two matters involving failure to comply with duties on suspension, failure to cooperate with a disciplinary investigation, collection of an advance fee while suspended from the practice of law, practicing law while suspended, and failure to refund the unearned portion of a fee.

On June 26, 2003, Mr. Graf was suspended from the practice of law on an interim basis by order of the Supreme Court. During the period of his suspension, Mr. Graf engaged in the following conduct that established grounds for discipline:

•  In two instances, failing to notify clients and others of his inability to act as required by Rule for Enforcement of Lawyer Conduct 14.1.
•  Destroying documents contained in a client file after having been directed by the Bar Association to retain all records, files, and accounts relating to the matter.
•  Accepting payment of $500 in fees from a client knowing that he could not represent the client owing to the interim suspension.
•  Preparing a bankruptcy petition.
•  Failing to return the unearned portion of a fee to a client whom Mr. Graf could not continue to represent owing to the suspension.

Mr. Graf's conduct violated RPC 1.15(d), requiring that a lawyer take steps to the extent reasonably practicable to protect a client's interests upon termination of representation, including refunding any advance fee payment that has not been earned; RPC 5.5(e), prohibiting lawyer from engaging in the practice of law while on inactive status or while suspended from the practice of law; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation; and RPC 8.4(l), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(f) and ELC 14.1).

Jonathan H. Burke represented the Bar Association. Mr. Graf represented himself. Vicki Lee Anne Parker was the hearing officer.

Suspended

Larry W. Hopt (WSBA No. 12351, admitted 1982), of Seattle, was suspended for three years, effective August 17, 2005, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct in 2002, 2003, and 2004 involving failure to act with diligence and promptness, failure to respond to client requests for information, failure to place client funds into his trust account, failure to explain the basis for his fee, failure to refund unearned fees, and failure to cooperate with a disciplinary investigation.

In July 2002, Mr. Hopt agreed to complete a living trust for a husband and wife, who paid Mr. Hopt half of the total agreed fee of $1,500. There was no written fee agreement, and Mr. Hopt did not place the sum in his trust account. In October 2002, Mr. Hopt told the clients that he would forward to them a draft of the trust document for review. The clients never received the draft. Mr. Hopt neither responded to an e-mail request from the clients in December 2002 asking that he complete the work, nor to a certified letter from them in January 2003. Mr. Hopt did not respond to the couple's other additional efforts to reach him. The clients eventually consulted another lawyer who provided their estate planning services and documents.

The clients filed a grievance with the Washington State Bar Association in 2004. During the course of the disciplinary investigation, Mr. Hopt failed to promptly respond to inquiries and requests for information submitted by disciplinary counsel.

Prior to entry into the disciplinary stipulation, Mr. Hopt paid the clients $750 (without interest) as restitution.

Mr. Hopt's conduct violated RPC 1.3, requiring that a lawyer act with reasonable diligence and promptness in representing a client; RPC 1.4, requiring that a lawyer 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; RPC 1.5(a), requiring that a lawyer's fees be reasonable; RPC 1.5(b) requiring that a lawyer who has not regularly represented a client communicate to the client the basis or rate of the fee or factors involved in determining the charges for legal services and the lawyer's billing practices; RPC 1.14(a) requiring all funds of clients paid to a lawyer be deposited into a trust account; RPC 1.15(d), requiring that a lawyer take steps to the extent reasonably practicable to protect a client's interests, including refunding any advance fee payment that has not been earned; and RPC 8.4(1), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(e)).

Nancy Bickford Miller represented the Bar Association. Rita L. Bender represented Mr. Hopt.
 
Suspended

Uche Humphrey Umuolo (WSBA No. 24762, admitted 1995), of Phoenix, Arizona, was suspended for two years, effective December 23, 2004, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct in 2002 involving failure to maintain client funds in a trust account, failure to maintain complete records of client funds in his possession, and commingling his own funds with client funds.

In 2002, Mr. Umuolo represented a client in a dissolution of marriage proceeding. In May 2002, the court entered a temporary order directing that the client move out of the family home. The court also ordered the client's spouse to pay the client $1,100 as a reimbursement for moving expenses, to pay Mr. Umuolo $1,000 as court-awarded attorney fees, and to pay $1,500 to Mr. Umuolo's trust account to be used for the client's future moving expenses.

On June 5, 2002, anticipating the receipt of the checks, Mr. Umuolo advanced to the client $950 in cash from Mr. Umuolo's own funds. On June 6, 2002, Mr. Umuolo received three checks from opposing counsel in payment of the ordered sums. Mr. Umuolo immediately gave the $1,100 check to the client; he deposited the remaining checks into his trust account.

At the time, Mr. Umuolo did not maintain any personal bank account; he used his trust account for all of his business and personal transactions, commingling his own funds with client funds. Mr. Umuolo maintained no check register for his trust account, nor did he maintain any client ledgers, nor did he prepare reconciliations of the bank statements. Mr. Umuolo relied on his memory to keep track of client funds in the account. At the time of the June 6, 2002, transactions, Mr. Umuolo knew that $550 of the $1,500 check he had deposited into his trust account belonged to the client.

On June 16, 2002, the client died. Mr. Umuolo did not disburse the $550 in his trust account to the client or to anyone else on the client's behalf. Mr. Umuolo failed thereafter to maintain the $550 in his trust account, which, in August 2002, had a negative balance.

In September 2002, opposing counsel requested an accounting of the $1,500 that had earlier been paid for anticipated future moving expenses. Mr. Umuolo responded that the amount that had been released to the client was privileged information and could not be revealed. Mr. Umuolo failed at that point to review his trust account and ascertain whether the former client's $550 was being maintained in his trust account.

In July 2003, following a deposition of Mr. Umuolo taken in connection with the disciplinary investigation, Mr. Umuolo paid to the former client's spouse the $550 that should have been maintained in Mr. Umuolo's trust account.

Mr. Umuolo's conduct violated RPC 1.14(a), requiring all funds of clients paid to a lawyer to be deposited in an interest-bearing trust account, and prohibiting funds belonging solely to the lawyer from being deposited therein; and RPC 1.14(b)(3), requiring a lawyer to maintain complete records of all funds coming into the possession of the lawyer and to render appropriate accounts to the client regarding them.

Randy V. Beitel represented the Bar Association. Kurt M. Bulmer represented Mr. Umuolo. Michael J. Pettit was the hearing officer.

Suspended

Lane J. Wolfley (WSBA No. 9609, admitted 1979), of Port Angeles, was suspended for three years, effective June 9, 2005, by order of the Washington State Supreme Court following a stipulation approved by the Disciplinary Board. This discipline was based on his conduct involving advancing financial assistance to two clients, making sexual advances to a current client, and providing false and misleading information to the Bar Association during its disciplinary investigation.

Mr. Wolfley represented two clients in separate personal-injury actions. While representing Client A, Mr. Wolfley made a payment on Client A's truck for him and paid $300 to Client A's lender to avoid repossession of the truck.

While representing Client B, Mr. Wolfley advanced approximately $1,200 to Client B for food, rent, furniture, and car insurance.

In late 2002, Mr. Wolfley made sexual advances toward Client B; he kissed her, fondled her, and intentionally touched her clothed sexual/intimate parts. In 2003, Client B discharged Mr. Wolfley and hired another lawyer to handle her case.

During the ensuing disciplinary investigation, Mr. Wolfley asserted in writing and testified in a deposition that he had not kissed or had other intimate physical contact with Client B. A videotape taken while Mr. Wolfley visited Client B's home and provided to the Bar Association by Client B contradicted Mr. Wolfley's assertions about his contacts with Client B.

Mr. Wolfley's conduct violated RPC 1.8(e), prohibiting a lawyer from advancing or guaranteeing financial assistance to a client in connection with contemplated or pending litigation, except for the expenses of litigation; RPC 1.8(k), prohibiting a lawyer from having sexual relations with a current client unless a consensual sexual relationship existed between them at the commencement of the client-lawyer relationship; RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation; and RPC 8.4(1), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct (here, ELC 5.3(e)).

Marsha A. Matsumoto represented the Bar Association. Leland G. Ripley represented Mr. Wolfley.

Reprimanded

Bob Casey (WSBA No. 16527, admitted 1986), of Portland, Oregon, was ordered to receive a reprimand, effective July 1, 2005, by order of the Washington State Supreme Court imposing reciprocal discipline based on an order of the Supreme Court of the State of Oregon approving a stipulation for discipline. This discipline was based on his conduct in 2004 involving the practice of law while suspended from active membership in the Oregon State Bar.

In 2004, Mr. Casey failed to pay his membership fees to the Oregon State Bar and, after proper notice, was suspended from active membership on July 2, 2004. Between July 2, 2004, and August 11, 2004, Mr. Casey practiced law in Oregon while he was not an active member of the Oregon State Bar.

Mr. Casey's conduct violated Oregon DR 3-101(B), prohibiting a lawyer from practicing law in a jurisdiction where to do so would be in violation of regulations of the profession in that jurisdiction.

Felice P. Congalton represented the Bar Association. Mr. Casey did not appear in the proceeding either personally or through counsel.

Admonished

F. Lawrence Taylor Jr. (WSBA No. 3329, admitted 1972), of Renton, was admonished by a review committee of the Disciplinary Board. The admonition was based on his conduct in 2004 involving conflicts of interest. Mr. Taylor is to be distinguished from Lawrence E. Taylor of Long Beach, California and Lawrence L. Taylor of Portland, Oregon.

In June or July of 2004, Mr. Taylor agreed to represent a driver and two passengers in an automobile accident matter. All three clients met with Mr. Taylor's employees to discuss how the accident happened, and all three clients signed contingent-fee agreements. None of the clients signed a written conflict waiver. In July 2004, Mr. Taylor learned from the accident report that the driver was likely responsible for the accident. Mr. Taylor discontinued his representation of the driver. Without obtaining a written conflict waiver from the driver, Mr. Taylor continued to represent the two passengers until August 2004, when they retained substitute counsel.

Mr. Taylor's conduct violated RPC 1.7(b), prohibiting a lawyer from representing a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client, unless the lawyer reasonably believes the representation will not be adversely affected and the client consents in writing after a full disclosure of material facts; and RPC 1.9(a), prohibiting a lawyer who has formerly represented a client in a matter from representing another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of a former client unless the former client consents in writing after consultation and a full disclosure of the material facts.

Kevin M. Bank represented the Bar Association. Mr. Taylor represented himself.

Non-disciplinary Notices

Suspended Pending Outcome of Disciplinary Proceedings

Virginia S. Lauver (WSBA No. 33377, admitted 2003), of Spokane Valley, was suspended pending the outcome of disciplinary proceedings, pursuant to ELC 7.1, effective August 26, 2005, by an order of the Washington State Supreme Court. This is not a disciplinary action.