Summary
The Washington Supreme Court held that attorney Mark J. Dynan violated multiple professional-conduct rules by altering billing statements and submitting declarations falsely representing them as true and correct in support of attorney-fee requests. The court found that Dynan acted knowingly and that his conduct caused potential harm, warranting a presumptive sanction of disbarment. Applying proportionality considerations, the court imposed a six-month suspension rather than the Disciplinary Board's recommended nine-month suspension.
Holdings
- Dynan violated RPC 3.3(a)(1) by knowingly submitting materially false declarations and altered billing statements to the court in support of attorney-fee motions.
- Dynan violated RPC 3.3(a)(4) and RPC 3.4(b) by falsifying billing evidence and offering or serving the falsified evidence to the court and opposing counsel.
- Dynan violated RPC 8.4(c) and RPC 8.4(d) by knowingly misrepresenting his actual hourly rate and prejudicing the administration of justice.
- Dynan acted knowingly rather than negligently.
- A six-month suspension, rather than disbarment or the Board's recommended nine-month suspension, is the appropriate sanction.
Questions Presented
- Whether the WSBA proved violations of RPC 3.3(a)(1), RPC 3.3(a)(4), RPC 3.4(b), and RPC 8.4(c) and (d) by a clear preponderance of the evidence.
- Whether the appropriate disciplinary sanction was the Disciplinary Board's recommended nine-month suspension or a different sanction after considering the presumptive sanction, aggravating and mitigating factors, and proportionality.
Disposition
other
Cases Cited (23)
- In re Disciplinary Proceeding Against Whitt, 149 Wash.2d 707, 716-717, 72 P.3d 173 (2003)(followed)
- In re Disciplinary Proceeding Against Kuvara, 149 Wash.2d 237, 246, 255-256, 66 P.3d 1057 (2003)(followed)
- In re Disciplinary Proceeding Against Anschell, 149 Wash.2d 484, 503, 513-514, 69 P.3d 844 (2003)(applied and distinguished)
- State v. Hill, 123 Wash.2d 641, 644, 870 P.2d 313 (1994)(followed)
- In re Disciplinary Proceeding Against Halverson, 140 Wash.2d 475, 486, 492-497, 998 P.2d 833 (2000)(followed)
- In re Disciplinary Proceeding Against Boelter, 139 Wash.2d 81, 90, 103, 985 P.2d 328 (1999)(followed)
- In re Disciplinary Proceeding Against Miller, 149 Wash.2d 262, 275-278, 285-286, 66 P.3d 1069 (2003)(followed)
- State v. Dial, 44 Wash.App. 11, 14, 720 P.2d 461 (1986)(followed)
- In re Disciplinary Proceeding Against Carmick, 146 Wash.2d 582, 587, 588, 600, 603-607, 48 P.3d 311 (2002)(distinguished)
- In re Disciplinary Proceeding Against Dann, 136 Wash.2d 67, 71-72, 77-84, 87, 960 P.2d 416 (1998)(followed and distinguished)
Showing top 10 of 23.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…