| Description: |
Richard A. Alcorn (WSBA No. 7973, admitted 1977), of Phoenix, AZ, was reciprocally suspended for 30 days, based on a suspension order from the Disciplinary Commission of the Supreme Court of Arizona. The Washington Supreme Court’s order of reciprocal discipline was effective February 11, 2003. This discipline was based on his lack of diligence and communication with a client and failing to reduce a contingent fee agreement to writing promptly during 1997 through 1999.
In January 1997, Mr. Alcorn agreed to represent the client who was hit by a car in a crosswalk. In May 1997, Mr. Alcorn filed a lawsuit on the client’s behalf. Mr. Alcorn failed to file a required disclosure statement or serve answers to the defendant’s interrogatories and requests for production. In February 1998, a partner in Mr. Alcorn’s firm issued a memo instructing Mr. Alcorn to take no further action on the client’s case unless Mr. Alcorn prepared time slips and the client made payments. Mr. Alcorn prepared time slips and continued to do minimal work for the client, including filing a late list of witnesses and exhibits. On May 14, 1998, the trial judge granted the defendant’s motion to strike Mr. Alcorn’s list of witnesses and exhibits. On June 7, 1999, the court granted defendant’s motion to dismiss the client’s lawsuit. Over the next two months, Mr. Alcorn claimed to have performed extensive work on a motion to reinstate the lawsuit, but he never filed the motion. In mid-August 1999, the client retained substitute counsel. The court denied the client’s motion to reinstate the lawsuit. Substitute counsel filed a malpractice suit against Mr. Alcorn, which settled for a substantial amount in December 2000.
Mr. Alcorn’s conduct violated ER 1.3 and 3.2, requiring lawyers to diligently represent their clients, and expedite the client’s litigation; ER 1.4, requiring lawyer to keep clients reasonably informed about the status of their matters and provide sufficient information for clients to make informed decisions regarding their representation; ER 1.5, requiring contingent fee agreements to be in writing; ER 3.4(c), prohibiting lawyers from knowingly violating the ethical rules.
Felice Congalton represented the Bar Association. Mr. Alcorn represented himself.
|