In the Matter of the Disciplinary Proceeding Against Alfredo Lopez, an Attorney at Law

153 Wash. 2d 570, 106 P.3d 221 (2005) · Supreme Court of Washington · February 10, 2005 · No. No. 17502-1

Summary

The Washington Supreme Court upheld a 60-day suspension imposed on attorney Alfredo Lopez for misconduct arising from his failure to file an opening brief in a criminal appeal, failure to take reasonably practicable steps to protect the client's interests after termination of representation, and failure to comply with a Ninth Circuit order to show cause. The court concluded that the Washington State Bar Association proved all three violations by a clear preponderance of the evidence and upheld the analysis of the applicable aggravating and mitigating factors.

Holdings

  1. Lopez violated RPC 1.3 and RPC 3.2 because he remained attorney of record when the brief was due, was repeatedly directed to file it, and failed to do so by three deadlines.
  2. Lopez violated RPC 1.15(d) because, under the circumstances, he failed to take reasonably practicable steps to protect Guzman's interests after transferring the file to successor counsel.
  3. Lopez violated former RLD 1.1(b) by failing to timely and adequately respond in writing to the Ninth Circuit's order to show cause.
  4. The Board's recommended 60-day suspension, into which it merged the two censures, was proportionate and should be adopted.

Questions Presented

  1. Whether the hearing officer properly determined the presumptive sanction for Lopez's misconduct.
  2. Whether the hearing officer properly analyzed the aggravating and mitigating factors.
  3. Whether the Disciplinary Board properly merged the two recommended censures into the 60-day suspension.
  4. Whether the WSBA proved Lopez's three charged violations by a clear preponderance of the evidence.

Disposition

other

Cases Cited (20)

  • In re Disciplinary Proceeding Against Whitt, 149 Wash. 2d 707, 716-17, 72 P.3d 173 (2003)(followed)
  • In re Disciplinary Proceeding Against Kagele, 149 Wash. 2d 793, 813, 72 P.3d 1067 (2003)(followed)
  • In re Disciplinary Proceeding Against Huddleston, 137 Wash. 2d 560, 568-69, 974 P.2d 325 (1999)(followed)
  • In re Disciplinary Proceeding Against Carmick, 146 Wash. 2d 582, 594, 48 P.3d 311 (2002)(followed)
  • In re Disciplinary Proceeding Against Cohen, 150 Wash. 2d 744, 754, 763, 82 P.3d 224 (2004)(followed)
  • In re Disciplinary Proceeding Against Noble, 100 Wash. 2d 88, 94, 667 P.2d 608 (1983)(followed)
  • In re Disciplinary Proceeding Against Kuvara, 149 Wash. 2d 237, 256, 259, 66 P.3d 1057 (2003)(followed)
  • In re Disciplinary Proceeding Against Anschell, 149 Wash. 2d 484, 501, 506-07, 517-18, 69 P.3d 844 (2003)(followed)
  • In re Disciplinary Proceeding Against McMullen, 127 Wash. 2d 150, 163, 896 P.2d 1281 (1995)(followed)
  • In re Disciplinary Proceeding Against Curran, 115 Wash. 2d 747, 772, 801 P.2d 962 (1990)(followed)

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