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Keywords

lawyerhearingburden of proof

attorneyappealhearing

Related Cases

Matter of Disciplinary Proceeding Against Haskell, 136 Wash.2d 300, 962 P.2d 813

Facts

Stephen C. Haskell, admitted to the Washington State Bar in 1977, faced allegations of misconduct stemming from his time at the Spokane law firm Chase, Haskell, Hayes & Kalamon. The WSBA filed a formal complaint against him in 1996, charging him with eight counts of misconduct, including deceptive billing practices where he switched initials on billing statements to take credit for work done by associates, billing for unauthorized first-class air travel, and improperly charging personal expenses to clients. Haskell denied the allegations, claiming the WSBA did not meet its burden of proof.

Haskell was admitted to the Washington State Bar in 1977. He went into the practice of law in Spokane and eventually became a shareholder in the Spokane law firm of Chase, Haskell, Hayes & Kalamon. In 1996, the WSBA filed a formal complaint charging Haskell with eight counts of attorney misconduct.

Issue

1. Were the charges against Haskell proven by a clear preponderance of the evidence by the WSBA? 2. Did the hearing officer become so involved in the prosecution of the case that the hearing process became tainted, or gave the appearance of being unfair? 3. Is the punishment of disbarment proportionate to Haskell's misconduct?

I. Were the charges against Haskell proven by a clear preponderance of the evidence by the WSBA? II. Did the hearing officer become so involved in the prosecution of the case that the hearing process became tainted, or gave the appearance of being unfair? III. Is the punishment of disbarment proportionate to Haskell's misconduct?

Rule

The court applied the standard of proof required in disciplinary proceedings, which is a clear preponderance of the evidence, and considered the American Bar Association's Standards for Imposing Lawyer Sanctions to determine the appropriate sanction.

Pursuant to RLD 4.11(b), counsel for the WSBA has the burden of establishing an act of misconduct by a clear preponderance of the evidence.

Analysis

The court reviewed the evidence presented during the nine-day hearing and found that the WSBA met its burden of proof regarding Haskell's misconduct. The court noted that while Haskell's actions were serious, the recommended sanction of disbarment was disproportionate to the misconduct when compared to similar cases. The court emphasized the importance of proportionality in disciplinary actions and considered mitigating factors such as Haskell's lack of prior disciplinary history and personal issues.

We hold that the evidence meets the appropriate evidentiary standard and that the hearing process was not tainted by any misconduct on the part of the hearing officer.

Conclusion

The Supreme Court concluded that a two-year suspension from the practice of law was the appropriate sanction for Haskell's misconduct, rather than disbarment as recommended by the Board.

We conclude, however, that the recommended penalty is too extreme considering the misconduct and other factors relevant to a determination of the penalty and, accordingly, impose a two-year suspension from the practice of law.

Who won?

Stephen C. Haskell prevailed in part, as the court reduced the recommended sanction from disbarment to a two-year suspension, finding the latter to be more appropriate given the circumstances.

Haskell then appealed to this court pursuant to the provisions of RLD 7.2.

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