In re the Disciplinary Proceeding Against MacDonald
In re the Disciplinary Proceeding Against MacDonald
Opinion of the Court
J. Morrison MacDonald was admitted to the practice of law in this state on March 3, 1961. Thereafter, until he moved to Alaska in mid-1967, he resided and practiced law in Seattle. By 1962, he had embarked upon the course of conduct that has culminated in these proceedings.
At the direction of the Board of Governors, disciplinary proceedings were commenced against Mr. MacDonald, who was then residing in Sitka, Alaska. Personal service of the formal complaint and notice to answer was achieved on January 20, 1969. Subsequent additional notices were served either personally or by mail. During the bar’s investigation, Mr. MacDonald’s responses have been variously nonexistent or perfunctory. Though amply notified, he was neither present nor represented by counsel at the formal hearings on the items of complaint and has not responded at any stage of these proceedings.
The hearing panel, on the basis of credible and uncon-tradicted testimony by complaining witnesses (Mr. MacDonald’s former clients) together with corroborating evidence, found the facts to be substantially as alleged in eight items of complaint. One of these involves the failure to cooperate during investigation of the substantive complaints. The other items pertain to Mr. MacDonald’s conduct toward clients, spanning the time between 1962 and mid-1968. These may be summarized as follows:
(1) Respondent MacDonald undertook to represent a Mr. and Mrs. Hallgarth in a personal injury claim, on a contingent fee basis as to any amount received over a settlement
(2) Respondent undertook to represent a Mr. Cool in a divorce action and, although retained in time to make an appearance before a temporary restraining order against his client was made permanent, neither appeared in the action nor contacted the wife’s attorney. As a result, the restraining order was made permanent and a default entered against Mr. Cool. Respondent later contacted the wife’s attorney as to setting aside the default, but took no further steps in the matter. Subsequently, after many evasions of Mr. Cool, respondent gave him two bogus “certified copies of divorce decrees.” On the strength of these, both parties believed that they were divorced, and they subsequently remarried. Mr. Cool has been required to pay another full attorney’s fee and costs in order to obtain a valid divorce.
(3) Respondent undertook to represent a Mr. Bly in three matters: (1) a delinquent account collection, (2) a personal injury action, and (3) a claim for specific performance or damages in contract. As to each of these matters, respondent was frequently asked about the status of things, and he repeatedly told Mr. Bly that complaints had been filed and the trials would shortly occur. In fact, no actions were filed in any of these matters. Respondent’s excuse as to the first was that he had forgotten. As to the second, the statute of limitations ran before Mr. Bly discovered that action had not been commenced. Respondent admitted malpractice and promised to repay Mr. Bly his damages, but has not made any payment. As to the third, it was only after Mr. Bly consulted another attorney that he learned that no suit had been filed. The statute of limitations had also expired on that claim.
Mr. MacDonald’s conduct reflects blatant violations of his oath and duties as an attorney. His acts and omissions involve moral turpitude and dishonesty in violation of DRA 1.1(c) and 1.1 (j), and CPE 11, 21, and 29. The hearing panel and the Board of Governors have recommended that Mr. MacDonald be disbarred. We agree. See e.g., In re Chantry, 67 Wn.2d 190, 407 P.2d 160 (1965).
J. Morrison MacDonald is hereby disbarred from the practice of law in this state. The clerk of court is directed to strike his name from the roll of practicing attorneys.
We find the statement of costs as filed with the clerk to be reasonable. The amount thereof is hereby fixed and settled. DRA 7.
Reference
- Full Case Name
- In the Matter of the Disciplinary Proceeding Against J. Morrison MacDonald, an Attorney at Law
- Status
- Published