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Byron D. Haley (WSBA No. 19913, admitted 1990), of Seattle, has been disbarred by order of the Supreme Court effective December 12, 2000, following a default hearing. The discipline is based on his practicing while his license to practice law was suspended from 1998 through 2000.
On June 17, 1998, the Supreme Court suspended Mr. Haley’s license to practice law for failure to pay his annual licensing fee to the Washington State Bar Association. On September 3, 1998, the Court suspended Mr. Haley for failure to complete his continuing legal education requirements. Mr. Haley remained suspended at the time of the June 2000 hearing.
Matter 1: On May 1, 1998, Mr. Haley agreed to represent a client in post-conviction matters. The client had been convicted of first-degree assault. On May 29, 1998, Mr. Haley appeared in court on a motion and obtained a continuance of the client’s sentencing hearing. Mr. Haley took no further action on the client’s case. He did not notify his client of his suspension.
Matter 2: In March 1998, Mr. Haley agreed to represent a client on a charge of driving under the influence. Mr. Haley filed a notice of appearance on March 26, 1998 and continued as counsel of record until May 1999. While his license was suspended, Mr. Haley represented the client in a jury trial and sentencing hearing. Mr. Haley also filed a notice of appeal on the client’s behalf, but did not file an appellate brief. The client paid $2,000 and Mr. Haley did not refund any of this fee.
Matter 3: On November 24, 1998, Mr. Haley filed a notice of appearance and order substituting counsel in Fife Municipal Court. Mr. Haley appeared on December 15, 1998, and entered a pretrial order for the client. Following a third appearance in January 1999, court personnel informed Mr. Haley that he could not appear in court while on suspended status; however, Mr. Haley appeared again in March for the client’s sentencing hearing. Again, court personnel indicated that he could not appear while his license was suspended.
Matter 4: On September 10, 1998, while his license was suspended, Mr. Haley represented a client in a criminal trial in King County Superior Court.
Mr. Haley’s conduct violated RLD 1.1(l), prohibiting practicing law while on suspended status; RPCs 8.4(d), prohibiting conduct prejudicial to the administration of justice; 1.15(a) and (d), requiring lawyers to withdraw from representation if that representation results in a violation of the RPCs and to take reasonable steps to protect clients’ interests at the time of withdrawal; 8.2, requiring lawyers to discontinue practicing when their licenses have been suspended; and 8.1 and 8.3, requiring lawyers to notify their clients of their inability to act, and file an affidavit of compliance with this notice requirement.
Sherry Williams represented the Bar Association. Mr. Haley did not appear. The hearing officer was Randolph I. Gordon.
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