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Richard Kyaw (WSBA No. 21312, admitted 1991), of Tacoma was disbarred effective June 9, 2003, by order of the Washington State Supreme Court following a stipulation. This discipline was based on his conduct while representing clients in personal injury, child support, bankruptcy and civil litigation matters between 1996 and 2002. Mr. Kyaw did not admit this conduct, but stipulated that the Association would be able to prove these facts.
Matter 1: In 1996, Mr. Kyaw agreed to represent a minor in a personal injury matter. Mr. Kyaw agreed to accept a contingent fee, but did not reduce the agreement to writing. Mr. Kyaw did not obtain the treating doctor’s records or the police report of the accident. In 1997, Mr. Kyaw told the client’s father that he was negotiating with the insurance company, but he did not contact the insurance company until November 1998. In December 1998, the insurance company told Mr. Kyaw that it determined in 1996 that it had no liability, and denied the client’s claim. Mr. Kyaw did not tell the client or his father that the claim had been denied in 1998 or 1999. Mr. Kyaw told the client not to contact the doctor directly, that Mr. Kyaw would handle the bills. The insurance company asked Mr. Kyaw to send all of the client’s medical bills, but he did not respond to this letter. Mr. Kyaw then falsely told the doctor’s office manager that the doctor had agreed to write off the client’s bill. During the investigation of this matter, Mr. Kyaw intentionally fabricated letters with the intent to deceive the Association.
Matter 2: In January 2002 Mr. Kyaw agreed to represent a client in a child support modification matter. In March 2002, Mr. Kyaw discussed draft pleading with his client and the client asked for changes. The client was not able to contact Mr. Kyaw after this time.
Matter 3: In March 2002, Mr. Kyaw agreed to represent a client in a bankruptcy matter. The bankruptcy plan was confirmed, but Mr. Kyaw failed to file the final decree with the bankruptcy court. He also failed to challenge a $550 per month late fee assessed by the client’s mortgage company. Mr. Kyaw did not respond to the client’s phone calls or letters.
Matter 4: In May 2000, Mr. Kyaw agreed to represent clients in a dispute with their neighbors. Mr. Kyaw agreed to file a complaint and to seek a temporary restraining order. Mr. Kyaw sent the clients an order of default that appeared to have been entered in their case in July 2000. In late 2001 or early 2002, the clients retained substitute counsel because they were unable to contact Mr. Kyaw. The clients learned that no order of default had been entered and that their case had been dismissed in February 2001.
Mr. Kyaw’s conduct violated RPCs 1.5(c), requiring contingent fee agreements to be in writing; 1.3, requiring lawyers to diligently represent their clients; 1.4, requiring lawyers to keep their clients reasonably informed of the status of their matters; 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 8.4(l), requiring lawyers to fully and promptly cooperate with disciplinary investigations.
Linda Eide represented the Bar Association. Mr. Kyaw represented himself.
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