Idaho State Bar v. Jenkins

901 P.2d 1309, 127 Idaho 408, 1995 Ida. LEXIS 52
CourtIdaho Supreme Court
DecidedMay 11, 1995
DocketNo. 21412
StatusPublished
Cited by2 cases

This text of 901 P.2d 1309 (Idaho State Bar v. Jenkins) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Idaho State Bar v. Jenkins, 901 P.2d 1309, 127 Idaho 408, 1995 Ida. LEXIS 52 (Idaho 1995).

Opinion

McDEVITT, Chief Justice.

This is an attorney misconduct ease based on the finding of the hearing committee of [411]*411the Professional Conduct Board of the Idaho State Bar that Gordon W. Jenkins (Jenkins) and John L. Stosich (Stosich) each violated the Idaho Rules of Professional Conduct (I.R.P.C.). The hearing committee recommended that each petitioner be suspended from the practice of law for sixty (60) days and that each be assessed costs incurred in the proceedings.

I.

PRIOR PROCEEDINGS

During 1986 and 1987, Matthew and Shanna Hopewell (the Hopewells) contacted the Jenkins Law Office (JLO) seeking representation on three matters, Matt Hopewell v. Steele Memorial Hospital (the asbestos case), Matt & Shanna Hopewell v. Mark Shiner (the personal injury case), and Shanna Hopewell v. Idaho State Insurance Fund (the workers’ compensation case).

On May 7,1992, the Idaho State Bar (ISB) filed a disciplinary complaint charging Jenkins and Stosich with professional misconduct. The complaint alleged that Jenkins and Stosich violated I.R.P.C. 1.31 and I.R.P.C 1.42 in their representation of the Hopewells in the three cases. In its findings of facts, conclusions of law, and recommendations, the hearing committee found that Jenkins and Stosich had each violated Rules 1.3, 1.4(a), and 1.4(b) of the I.R.P.C. in the representation of the Hopewells. The hearing committee recommended that Jenkins and Stosich each be suspended from the practice of law for sixty (60) days and that costs incurred by the ISB in this disciplinary proceeding be assessed against Jenkins and Sto-sich. Stosich filed a motion to alter or amend certain findings and recommendations, which was denied by the hearing committee. Both Stosich and Jenkins filed notices of objections to the hearing committee’s findings and recommendations.

II.

BACKGROUND AND FACTS

Jenkins was admitted to practice law in the State of Idaho in 1976. Stosich was admitted to practice law in the State of Idaho in 1986. Jenkins was the sole shareholder of the JLO in Idaho Falls. Stosich was an associate attorney at the JLO from about June 1986 to January 1989.

A. THE ASBESTOS CASE

In June or July 1986, Mr. Hopewell contacted Jenkins seeking representation in a matter where Mr. Hopewell was exposed to asbestos. Jenkins was already representing two of Mr. Hopewell’s co-workers who had also been exposed to asbestos. Jenkins agreed to represent Mr. Hopewell in the case, and Mr. Hopewell signed a contingency fee retainer agreement with Jenkins. Jenkins wrote a letter in July 1986 to Steele Memorial Hospital on behalf of Mr. Hopewell and his co-workers, claiming that the three men had been exposed to asbestos while working for the hospital and seeking settlement of the claims. The hospital denied liability for the claims. Jenkins never informed Mr. Hopewell of the result of the letter to the hospital. Mr. Hopewell only learned of the hospital’s denial of the asbestos claims in late 1986 or early 1987 from one of his co-workers.

Jenkins filed complaints on behalf of Mr. Hopewell’s two co-workers, but did not file a [412]*412complaint for.Mr. Hopewell. According to Jenkins, he did not file a complaint in Mr. Hopewell’s case because Mr. Hopewell had no physical manifestations of asbestos exposure. However, Jenkins never set up a doctor’s appointment for Mr. Hopewell nor did he instruct Mr. Hopewell to set up an examination himself.

The Hopewells made numerous telephone calls over the next three years inquiring about the status of the case and about when Jenkins would make arrangements for Mr. Hopewell to see a doctor. Often the Hope-wells did not receive responses to their calls and letters. When they did speak with Jenkins, the Hopewells were not given any information about the status of the case.

Nothing further was done by Jenkins in pursuit of Mr. Hopewell’s asbestos claim. The asbestos case was closed at the JLO in 1989, the exact month is unclear from the record. Mr. Hopewell was never sent a closing letter informing him of the conclusion of the case. Despite the closure of the asbestos file, in November 1989, Jenkins told the Hopewells that the case was without merit and that the JLO could do nothing more for them.

With respect to the asbestos ease, the hearing committee concluded that Jenkins violated Rules 1.3, 1.4(a), and 1.4(b) of the I.R.P.C. because Jenkins failed to exercise due diligence in handling the case, failed to inform Mr. Hopewell of the status of the asbestos ease, failed to comply with reasonable requests for information about the case, failed to explain the asbestos case to Mr. Hopewell, and failed to pursue the case for Mr. Hopewell. The hearing committee found no disciplinary violation committed by Sto-sich in the asbestos case.

B. THE PERSONAL INJURY CASE

On the evening of April 5, 1986, the Hope-wells were injured in an automobile accident when their car ran into a herd of cows that were on the highway. The Hopewells initially sought representation from Sherman Fu-rey (Furey) in the matter, but Furey later withdrew from the case due to a conflict of interest. After Furey’s withdrawal, the Hopewells contacted Jenkins who agreed to represent the Hopewells in this case.

After Jenkins agreed to represent the Hopewells, Mrs. Hopewell received the case files from Furey and mailed the files to Jenkins. Jenkins then told the Hopewells that Stosich would be their contact attorney on the case. Mr. Hopewell testified that he considered Stosich to be the primary attorney in the personal injury ease, but that he believed that Jenkins and Stosich would be working together on the case.

Stosich was the attorney of record in the personal injury case. He prepared the complaint in the case, prepared a verification of the complaint for the Hopewells’ execution, and filed the complaint. The Hopewells’ previous attorney, Furey, had warned the Hope-wells that the limitations period for filing the case would expire on April 5, 1988, so, in March 1988, Mrs. Hopewell called Stosich to remind him of the limitations period. Despite Mrs. Hopewell’s reminder of the pending limitations date, the case was filed on April 6, 1988, one day after the statute of limitations expired. After the case was filed, no service of process was made on any of the defendants in the personal injury case. Notice of dismissal of the case was sent to Stosich at the JLO on January 4, 1989. Neither Jenkins nor Stosich responded to the notice, and the dismissal was entered on February 22,1989. The dismissal order was sent to Stosich at the JLO. The Hopewells were not informed of the dismissal of the personal injury case by either Stosich or Jenkins.

The Hopewells made periodic inquiries to Jenkins and Stosich, both by telephone and through the mail, seeking information about the status of this case. When the Hopewells reached either Jenkins or Stosich, both lawyers gave the Hopewells incorrect information about the case. The Hopewells were told that the case had been filed and that the lawyers were awaiting a court date. The [413]*413Hopewells did not learn that the case had been dismissed until eight months after the dismissal when they called the courthouse themselves.

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Related

a v. Idaho State Bar
978 P.2d 222 (Idaho Supreme Court, 1999)
Matter of Jenkins
901 P.2d 1309 (Idaho Supreme Court, 1995)

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Bluebook (online)
901 P.2d 1309, 127 Idaho 408, 1995 Ida. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/idaho-state-bar-v-jenkins-idaho-1995.