In re the Disciplinary Proceeding Against Preszler, 169 Wash. 2d 1

232 P.3d 305 (2010) · Supreme Court of Washington · June 17, 2010

Summary

The Washington Supreme Court reviews the disciplinary sanction imposed on Terry J. Preszler for charging an unreasonable fee, providing mistaken legal advice, filing inaccurate documents, failing to supervise a paralegal, and disbursing bankruptcy-related settlement proceeds without prior court approval. The court holds that a single act may constitute conduct prejudicial to the administration of justice under former RPC 8.4(d), assumes without deciding that two counts should merge, and imposes the recommended three-year suspension.

Holdings

  1. A single act of impropriety can constitute conduct prejudicial to the administration of justice under former RPC 8.4(d); a pattern of misconduct is not required.
  2. The court assumed without deciding that counts 14 and 15 should merge because the merger question did not affect the final sanction.
  3. The presumptive sanction for the unreasonable-fee violation was suspension because Preszler acted knowingly and caused ordinary actual or potential injury. The presumptive sanction for the bankruptcy-rule violations was disbarment because he knowingly violated court rules with intent to obtain a benefit and caused serious actual or potential injury.
  4. Preszler was not entitled to mitigation for restitution, ordinary cooperation, or delay, and he failed to show that the three-year suspension was disproportionate. The court adopted the Board's recommended three-year suspension.

Questions Presented

  1. Whether a single act of impropriety in failing to follow a bankruptcy court rule can constitute conduct prejudicial to the administration of justice under former RPC 8.4(d).
  2. Whether disciplinary counts based on Preszler's disbursement of personal-injury proceeds should merge.
  3. Whether the Disciplinary Board properly applied the lawyer-sanction analysis and recommended a three-year suspension rather than a different sanction.

Disposition

other

Cases Cited (26)

  • In re Disciplinary Proceeding Against Marshall, 160 Wn.2d 317, 329, 342, 346, 349, 157 P.3d 859 (2007)(followed)
  • In re Disciplinary Proceeding Against Longacre, 155 Wn.2d 723, 735, 744, 122 P.3d 710 (2005)(followed)
  • In re Disciplinary Proceeding Against Carmick, 146 Wn.2d 582, 597, 606, 48 P.3d 311 (2002)(followed)
  • In re Disciplinary Proceeding Against Kuvara, 149 Wn.2d 237, 256, 259, 66 P.3d 1057 (2003)(followed)
  • In re Disciplinary Proceeding Against Bonet, 144 Wn.2d 502, 514, 29 P.3d 1242 (2001)(followed)
  • In re Disciplinary Proceeding Against Anschell, 141 Wn.2d 593, 611, 9 P.3d 193 (2000)(followed)
  • In re Disciplinary Proceeding Against Stansfield, 164 Wn.2d 108, 127, 187 P.3d 254 (2008)(followed)
  • In re Disciplinary Proceeding Against Egger, 152 Wn.2d 393, 407, 416, 98 P.3d 477 (2004)(followed)
  • In re Disciplinary Proceeding Against Brothers, 149 Wn.2d 575, 579-81, 585, 70 P.3d 940 (2003)(distinguished)
  • In re Disciplinary Proceeding Against Schwimmer, 153 Wn.2d 752, 756, 758-65, 108 P.3d 761 (2005)(followed)

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