Costs Of Misconduct
The Washington State Supreme Court has imposed a six-month suspension of an attorney for pervasive neglect of a personal injury matter.
The court
Rather than challenge the factual basis of the Washington State Bar Association’s (WSBA) three-count complaint, Pfefer’s brief to this court raises arguments about due process and unconstitutional vagueness. He does not cite to any testimony, evidence, or argument that the events of his representation did not occur exactly as the hearing officer found. Our own review of the record shows the same-a knowing disregard of fundamental professional duties owed to his client and an indifference to making restitution. The WSBA Disciplinary Board (Board) unanimously recommended that Pfefer be suspended from the practice of law for six months and pay restitution to his former client in the amount of unaccepted settlement offer. We affirm, to practice on the payment of restitution of $5,834.15 to his former client and the payment of costs and expenses to the WSBA.
The attorney contended that he was denied due process.
One claim was that Rule 3.7 was improperly applied because his partner was both his attorney and a fact witness. He claimed that the lawyer-witness rule did not apply to bar disciplinary matters.
The court rejected the claim
More fundamentally, Pfefer fails to show on this record that the hearing officer disqualified Caruso at all. Rather, he gave Pfefer a choice: either Caruso could act as advocate and cross-examine two of the WSBA’s witnesses (including [client] Ortiz) or he could testify as a fact witness. Pfefer chose the latter. The hearing officer ruled that Pfefer had the opportunity to testify in the narrative, subject to objection, and Caruso was permitted to sit at counsel’s table and advise Pfefer throughout the hearing. Because the record shows that the hearing officer did not disqualify Caruso from assisting Pfefer at the disciplinary hearing, we find no error.
The attorney’s challenges to costs also fell on deaf ears
His supplemental objections challenged virtually every expense, objecting to, for example, mileage reports for disciplinary counsel, lunch expenses, parking, the use of in person questioning of witnesses at the disciplinary hearing instead of performing the hearing telephonically, document fees, and interpreter’s services. The Chair did not consider Pfefer’s supplemental objections, concluding they were too late.
(Mike Frisch)