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Kevin M. Moran (WSBA No. 20234, admitted 1990), of Spokane, has been suspended for one year effective September 1, 2000, by order of the Supreme Court, approving a stipulation. The discipline is based on his temporarily abandoning his practice without proper notice to his clients and failing to diligently represent several clients. (Note: Mr. Moran is to be distinguished from Kevin Patrick Moran of Silverdale.)
Matter 1: On December 16, 1992, Mr. Moran filed a notice of appearance on behalf of a client charged with driving under the influence. At the time, Mr. Moran was employed by the Seattle Public Defender’s Office. He obtained a continuance of the client’s pretrial hearing and told the client to wait to hear from him. Although standard procedure for the Public Defender’s Office is to notify defendants of all mandatory court dates, the client’s file contained no evidence that Mr. Moran had notified him of the hearing date. Neither Mr. Moran nor the client appeared for the hearing. Subsequently, the court issued a bench warrant for the client’s arrest. The client’s file does not indicate that Mr. Moran had notified the client of the bench warrant.
Mr. Moran resigned from the Public Defender’s Office effective August 31, 1993. On September 3, 1993, the office administratively closed the client’s file for lack of contact. The client contacted Mr. Moran at his new office several times, but Mr. Moran did not respond. In May 1996, the client was stopped for a nonworking headlight and then booked into jail on the outstanding warrant.
Matter 2: In February or March 1994, Mr. Moran opened a law office as a solo practitioner. In March 1995, a court commissioner appointed Mr. Moran to represent a client on a contempt motion for failure to pay child support. On this same day, the commissioner continued the client’s hearing from March 27 until May 1, 1995. Mr. Moran spoke to his client on April 19, 1995, and then arranged for several continuances, the last to June 3, 1996. Neither Mr. Moran nor his client appeared at the contempt hearing. The deputy prosecuting attorney called Mr. Moran about the missed court date, but he did not return her call.
On June 7, the deputy prosecutor sent Mr. Moran a letter enclosing a civil bench warrant. The letter explained that the warrant would be forwarded to the sheriff if Mr. Moran did not contact her and arrange for the client to pay the past-due child support and explain his failure to attend the hearing. Mr. Moran did not respond to the letter, and the prosecutor forwarded the bench warrant to the sheriff. On September 12, 1996, the client was arrested. During a hearing on September 13 the court discharged Mr. Moran.
Matter 3: On May 2, 1995, Mr. Moran agreed to represent a client in a Department of Licensing (DOL) hearing. The hearing officer ruled against the client. The May 3 decision included a notice that the client could appeal the decision in the county of his arrest within 14 days of the decision. The notice specified that a $40 cover fee must be submitted with the notice of appeal, to cover the cost to prepare the administrative record. On May 9, 1995, the client requested that Mr. Moran appeal the DOL hearing decision.
The client told Mr. Moran that he was going to Arizona for the summer, but he called Mr. Moran several times between May 12 and August 12, 1995. Mr. Moran did not return the client’s calls. On one occasion, the client found Mr. Moran in the office, and Mr. Moran assured him that he was working on the appeal.
Mr. Moran filed the notice of appeal on June 7, 1995, with a notation that he would file the brief at a later date. Mr. Moran never filed a brief. Mr. Moran did not notify DOL of the appeal within the 14-day period, nor did he submit the $40 to cover the costs of the record.
In August 1995, the client returned to Washington and left several messages for Mr. Moran. Mr. Moran did not return his calls. The client finally reached Mr. Moran and scheduled an appointment for November 24, 1995, but Mr. Moran cancelled this meeting. On January 13, 1996, the client discharged Mr. Moran and requested a refund. Mr. Moran did not respond until December 1999, when he refunded the client’s fees.
Matter 4: Mr. Moran did not respond to the Bar Association’s written requests for information regarding these matters. On January 24, 1997, the lawyer representing Mr. Moran’s landlord contacted the Bar Association. Mr. Moran’s landlord was attempting to evict him from his office space for nonpayment of rent, and intended to place Mr. Moran’s office furniture and files in storage. After several attempts to contact Mr. Moran, the Bar Association filed a motion for the appointment of a custodian for Mr. Moran’s trust account, client files and client records. The Disciplinary Board chairman granted the motion, and a custodian took possession of Mr. Moran’s files, records and trust account.
Mr. Moran appeared for a deposition on June 25, 1997. He agreed that he was willing and able to take responsibility for his files. On October 14, 1997, the custodian was discharged. Mr. Moran took responsibility for his files on March 11, 2000.
Mr. Moran’s conduct violated RPCs 1.4, requiring lawyers to keep clients reasonably informed of the status of their matters and to promptly comply with reasonable requests for information; 1.3, requiring lawyers to diligently represent their clients; 3.4(c), prohibiting lawyers from knowingly disobeying obligations under the rules of the tribunal, except for an open refusal based on an assertion that no valid obligation exists; and RLD 2.8, requiring lawyers to promptly comply with requests for information relevant to grievances.
Henry Haas represented the Bar Association. Mr. Moran represented himself.
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