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Grant L. Harken (WSBA No. 11842, admitted 1981), of Seattle, has been disbarred by order of the Supreme Court effective September 8, 2000, following a default hearing. The discipline is based on his failing to represent two clients in a competent and diligent manner, making misrepresentations to his clients and to the Bar Association, and failing to cooperate with the Bar Association investigation.
Matter 1: On March 23, 1993, Mr. Harken agreed to represent a client on a contingent-fee basis. The client was injured when she fell in a department store. In May 1995, Mr. Harken received a $12,000 settlement check made out to the client and himself, but Mr. Harken did not deposit the check into his trust account. Mr. Harken sent the client $4,619 and retained $3,777 to pay the client’s medical bills. Although he specifically told the client and the Bar Association investigators that he would pay the client’s medical bills, Mr. Harken did not do so.
In September 1996, Mr. Harken testified in his deposition that the client’s funds were still in his trust account; this testimony was false. In October 1997, after the client filed suit against Mr. Harken, he sent her a statement indicating the funds were in his trust account; this statement was also false.
Mr. Harken failed to cooperate with the Bar Association’s investigation of this matter.
Matter 2: In January 1997, Mr. Harken agreed to represent a client injured in an automobile accident. The client’s employer had a subrogated interest in any amounts recovered to reimburse workers’ compensation benefits the employe had paid to the employee.
In May 1997, the insurance company issued a $28,075 settlement check to the client and Mr. Harken. In May or June 1997, Mr. Harken gave the client $4,679. The client was entitled to an additional $2,380 and the employer to $11,585. Sometime between May and November 1997, Mr. Harken removed these funds from his trust account.
In December 1998, after the Department of Labor and Industries sent a letter regarding the unpaid balance, Mr. Harken sent the employer the amount due. As of the date of the findings, the client had not received the balance owed him.
Mr. Harken failed to cooperate with the Bar Association’s investigation of this matter.
Mr. Harken’s conduct violated RPC 1.1, requiring lawyers to provide competent representation; 1.3, requiring lawyers to diligently represent their clients; 1.14, requiring lawyers to deposit client funds into the lawyer’s trust account; 8.4(b), prohibiting lawyers from engaging in criminal conduct; 8.4(c), prohibiting lawyers from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; 8.4(d), prohibiting conduct prejudicial to the administration of justice; and RLD 2.8(a), requiring lawyers to comply with reasonable requests for information from the Bar Association. Mr. Harken’s conduct also violated RCW 9A.56.030.
Christine Gray represented the Bar Association. Mr. Harken represented himself. The hearing officer was David B. Condon.
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