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Keith Moskowitz (WSBA No.16965, admitted 1987), of Boulder, Colorado, has been ordered censured by the Supreme Court of Washington, effective October 1, 1998. The Supreme Court’s order of reciprocal discipline, pursuant to Rule for Lawyer Discipline (RLD) 12.6, is based on the Supreme Court of the State of Colorado’s September 2, 1997 order imposing a public censure.
Mr. Moskowitz filed an involuntary bankruptcy petition against a third party on behalf of two clients. The bankruptcy petition was dismissed with an order assessing, among other sanctions, $66,271 in attorney’s fees and actual damages against Mr. Moskowitz. The bankruptcy court found that Mr. Moskowitz either failed to make a diligent pre-filing inquiry, or recklessly chose to ignore evidence that the petition was groundless. Mr. Moskowitz and one of his clients were held jointly and severally liable for an additional $3,209 in attorney’s fees when the court denied his motion to vacate the bankruptcy court judgment. Mr. Moskowitz paid all attorney’s fees assessed against him.
Mr. Moskowitz’s conduct violated Colorado RPC 1.1, requiring a lawyer to provide competent representation and Colorado RPC 1.3, requiring lawyers to diligently represent clients.
Felice Congalton represented the Bar Association. Mr. Moskowitz represented himself.
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