In re Disciplinary Proc. Against Feyissa
This text of In re Disciplinary Proc. Against Feyissa (In re Disciplinary Proc. Against Feyissa) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FILE THIS OPINION WAS FILED FOR RECORD AT 8 A.M. ON JUNE 11, 2026 IN CLERK’S OFFICE SUPREME COURT, STATE OF WASHINGTON JUNE 11, 2026 SARAH R. PENDLETON SUPREME COURT CLERK
IN THE SUPREME COURT OF THE STATE OF WASHINGTON
In the Matter of the Disciplinary Proceeding Against No. 202272-3
EN BANC SHAKESPEAR N. FEYISSA, Filed: June 11, 2026
Lawyer (Bar No. 33747).
GORDON MCCLOUD, J.—After a 12-day disciplinary hearing, a hearing
officer (HO) concluded that Shakespear N. Feyissa committed six counts of
misconduct. The presumptive sanction for most of those counts was disbarment. The
HO, however, stated that count 6, submission of false evidence to the Office of
Disciplinary Counsel (ODC) during the grievance investigation, was the one that
drove her decision to recommend disbarment; she “would have been willing to
recommend a suspension of 18 months followed by a 2-year probationary period
with a practice monitor” on the other counts. Clerk’s Papers (CP) at 974 (sanction
analysis (SA) 299). As she explained, Feyissa’s “multiple and deeply troubling
instances of misconduct after the Grievance was filed, particularly the creation and
submission of the false declarations of [three clients], the numerous acts of deceptive In re Feyissa (Shakespear N.), No. 202272-3
testimony about his client files, and his bad faith obstruction of discovery during the
disciplinary process—acts which are deeply disrespectful of the legal system—. . .
override any mitigating factors” and led her to recommend disbarment. Id. (SA 300).
The Disciplinary Board (Board) of the Washington State Bar Association
(Bar) unanimously adopted the HO’s disbarment recommendation. Feyissa appeals.
First, he argues that ODC and the HO displayed racial bias, requiring a new hearing.
Second, he challenges the HO’s conclusions of law and sanction analysis for counts
2, 3, 4, 6, and 8.
The record does not support Feyissa’s arguments about bias. Substantial
evidence in the record does support the HO’s conclusions of law and analysis of
sanctions and aggravating and mitigating factors. We therefore accept the Board’s
unanimous recommendation and order Feyissa disbarred.
FACTS AND PROCEDURAL HISTORY
I. Facts relating to first grievance: Mahler1 surcharge provision, ambiguous final accountings, false statements to third parties
Attorney Shakespear N. Feyissa was born in Ethiopia. Id. at 889 (findings of
fact (FOF) 3). He immigrated to the United States at around age 17. Id. (FOF 4).
During law school, he briefly worked for the Department of Labor and Industries
1 Mahler v. Szucs, 135 Wn.2d 398, 957 P.2d 632 (1998). 2 In re Feyissa (Shakespear N.), No. 202272-3
and for a small estate and probate firm. Id. at 890 (FOF 6). He graduated from law
school in 2002 and became licensed in 2003. Id. (FOF 7). He worked briefly for a
law firm doing document review before opening his own law office as a solo
practitioner. Id. (FOF 8). Around 2009, Feyissa began to work on auto accident cases
where plaintiffs had personal injury protection (PIP) coverage in their car insurance
policies. Id. at 890-91 (FOF 9).
When he began working on PIP cases, Feyissa was not aware of this court’s
decision in Mahler. 135 Wn.2d 398. Mahler held that an insurer who obtains
reimbursement for its PIP payments out of its insured’s personal injury recovery
must contribute a proportionate share of the insured’s attorney fees and costs
involved in obtaining the recovery. Mahler makes clear that the insurer’s
proportionate share belongs to the client because it is a component of the settlement
funds. Id. at 428. Mahler does not hold that the insured’s attorney is entitled to the
insurer’s proportionate share of the legal fees. Id.
According to Feyissa, another attorney told him sometime around 2013 that
Mahler permitted him to collect an additional attorney fee. CP at 892 (FOF 13 (citing
8 Verbatim Rep. of Proc. (VRP) at 2018-19)). When Feyissa read Mahler, he
subjectively, but erroneously, believed that Mahler held that “‘the proportionate
share goes to the lawyer.’” Id. (FOF 13 (quoting 8 VRP at 2016)), 903 (FOF 59).
3 In re Feyissa (Shakespear N.), No. 202272-3
In 2013, Feyissa began inserting a new provision into some, but not all, of his
personal injury contingent fee agreements. Id. at 892-93 (FOF 14). This “Mahler
provision,” emphasized below, read:
The legal fee of Attorney shall be 33.3% of the gross amount recovered, if settlement is achieved without the necessity of filing a lawsuit, or, going to trial 40% of the ultimate gross settlement or judgment following the trial and any appeal undertaken by the adversary. Additionally, in PIP (Personal Injury Protection) reimbursement cases and where Malher [sic] or Winters[2] fees are applicable, Attorney earns additional appropriate fees from the first party carrier from the medical payment portion of the proceeds of the settlement.
Id. (FOF 14 (quoting Ex. 382), 15 (quoting Ex. 280)) (emphasis added) (footnotes
and formatting omitted).
In the 16 client matters at issue in this case, Feyissa collected Mahler fees on
top of the 33.3-40 percent contingent fee provided for in the fee agreement. Feyissa
took Mahler fees in 6 cases where the fee agreement did not contain the Mahler
provision at all. In 2 cases, he collected the Mahler fee on lien amounts unrelated to
PIP benefits, making the provision inapplicable. He also took the full Mahler fee in
some cases where the insurer had waived or reduced its PIP lien.
2 A “Winters fee” is similar to a Mahler fee but applies in PIP cases involving an underinsured at-fault party. Winters v. State Farm Mut. Auto. Ins. Co., 144 Wn.2d 869, 31 P.3d 1164 (2001). 4 In re Feyissa (Shakespear N.), No. 202272-3
After charging Mahler fees, Feyissa’s percentage of the client’s total
settlements ranged from 41-59 percent, exclusive of costs. Id. at 895-96 (FOF 20),
978-81 (Ex. A - HO’s Summ. Chart of Resp’t’s Fee Charges); Ex. 10.5. In total,
Feyissa took over $48,500 in fees above the stated percentage in the fee agreements.
Ex. 10.5; CP at 978-81.
Feyissa’s final accountings to his clients did not make clear to whom the
Mahler fee was being paid. They listed the Mahler fee as a separate line item from
the line item for attorney fees, even though Feyissa himself took that money. The
Mahler fee line items were worded vaguely and often made it appear that the insurer
was the recipient of the fee.
Feyissa also made false statements to insurers and medical providers in
multiple cases. He frequently misrepresented the amount of settlements to try to
induce providers to waive or lower their outstanding bills. It often worked. He
sometimes falsely asserted that his firm was waiving or lowering its fee to help
compensate the client, in attempts to induce insurers and medical providers to waive
liens or lower bills. E.g., CP at 918-19 (FOF 109-111).
Client AW’s automobile accident personal injury case provides an illustrative
example of this conduct. AW’s fee agreement did not contain the Mahler provision.
Ex. 51. In October 2014, AW received an arbitration award of $18,840.04. Ex. 54.
5 In re Feyissa (Shakespear N.), No. 202272-3
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FILE THIS OPINION WAS FILED FOR RECORD AT 8 A.M. ON JUNE 11, 2026 IN CLERK’S OFFICE SUPREME COURT, STATE OF WASHINGTON JUNE 11, 2026 SARAH R. PENDLETON SUPREME COURT CLERK
IN THE SUPREME COURT OF THE STATE OF WASHINGTON
In the Matter of the Disciplinary Proceeding Against No. 202272-3
EN BANC SHAKESPEAR N. FEYISSA, Filed: June 11, 2026
Lawyer (Bar No. 33747).
GORDON MCCLOUD, J.—After a 12-day disciplinary hearing, a hearing
officer (HO) concluded that Shakespear N. Feyissa committed six counts of
misconduct. The presumptive sanction for most of those counts was disbarment. The
HO, however, stated that count 6, submission of false evidence to the Office of
Disciplinary Counsel (ODC) during the grievance investigation, was the one that
drove her decision to recommend disbarment; she “would have been willing to
recommend a suspension of 18 months followed by a 2-year probationary period
with a practice monitor” on the other counts. Clerk’s Papers (CP) at 974 (sanction
analysis (SA) 299). As she explained, Feyissa’s “multiple and deeply troubling
instances of misconduct after the Grievance was filed, particularly the creation and
submission of the false declarations of [three clients], the numerous acts of deceptive In re Feyissa (Shakespear N.), No. 202272-3
testimony about his client files, and his bad faith obstruction of discovery during the
disciplinary process—acts which are deeply disrespectful of the legal system—. . .
override any mitigating factors” and led her to recommend disbarment. Id. (SA 300).
The Disciplinary Board (Board) of the Washington State Bar Association
(Bar) unanimously adopted the HO’s disbarment recommendation. Feyissa appeals.
First, he argues that ODC and the HO displayed racial bias, requiring a new hearing.
Second, he challenges the HO’s conclusions of law and sanction analysis for counts
2, 3, 4, 6, and 8.
The record does not support Feyissa’s arguments about bias. Substantial
evidence in the record does support the HO’s conclusions of law and analysis of
sanctions and aggravating and mitigating factors. We therefore accept the Board’s
unanimous recommendation and order Feyissa disbarred.
FACTS AND PROCEDURAL HISTORY
I. Facts relating to first grievance: Mahler1 surcharge provision, ambiguous final accountings, false statements to third parties
Attorney Shakespear N. Feyissa was born in Ethiopia. Id. at 889 (findings of
fact (FOF) 3). He immigrated to the United States at around age 17. Id. (FOF 4).
During law school, he briefly worked for the Department of Labor and Industries
1 Mahler v. Szucs, 135 Wn.2d 398, 957 P.2d 632 (1998). 2 In re Feyissa (Shakespear N.), No. 202272-3
and for a small estate and probate firm. Id. at 890 (FOF 6). He graduated from law
school in 2002 and became licensed in 2003. Id. (FOF 7). He worked briefly for a
law firm doing document review before opening his own law office as a solo
practitioner. Id. (FOF 8). Around 2009, Feyissa began to work on auto accident cases
where plaintiffs had personal injury protection (PIP) coverage in their car insurance
policies. Id. at 890-91 (FOF 9).
When he began working on PIP cases, Feyissa was not aware of this court’s
decision in Mahler. 135 Wn.2d 398. Mahler held that an insurer who obtains
reimbursement for its PIP payments out of its insured’s personal injury recovery
must contribute a proportionate share of the insured’s attorney fees and costs
involved in obtaining the recovery. Mahler makes clear that the insurer’s
proportionate share belongs to the client because it is a component of the settlement
funds. Id. at 428. Mahler does not hold that the insured’s attorney is entitled to the
insurer’s proportionate share of the legal fees. Id.
According to Feyissa, another attorney told him sometime around 2013 that
Mahler permitted him to collect an additional attorney fee. CP at 892 (FOF 13 (citing
8 Verbatim Rep. of Proc. (VRP) at 2018-19)). When Feyissa read Mahler, he
subjectively, but erroneously, believed that Mahler held that “‘the proportionate
share goes to the lawyer.’” Id. (FOF 13 (quoting 8 VRP at 2016)), 903 (FOF 59).
3 In re Feyissa (Shakespear N.), No. 202272-3
In 2013, Feyissa began inserting a new provision into some, but not all, of his
personal injury contingent fee agreements. Id. at 892-93 (FOF 14). This “Mahler
provision,” emphasized below, read:
The legal fee of Attorney shall be 33.3% of the gross amount recovered, if settlement is achieved without the necessity of filing a lawsuit, or, going to trial 40% of the ultimate gross settlement or judgment following the trial and any appeal undertaken by the adversary. Additionally, in PIP (Personal Injury Protection) reimbursement cases and where Malher [sic] or Winters[2] fees are applicable, Attorney earns additional appropriate fees from the first party carrier from the medical payment portion of the proceeds of the settlement.
Id. (FOF 14 (quoting Ex. 382), 15 (quoting Ex. 280)) (emphasis added) (footnotes
and formatting omitted).
In the 16 client matters at issue in this case, Feyissa collected Mahler fees on
top of the 33.3-40 percent contingent fee provided for in the fee agreement. Feyissa
took Mahler fees in 6 cases where the fee agreement did not contain the Mahler
provision at all. In 2 cases, he collected the Mahler fee on lien amounts unrelated to
PIP benefits, making the provision inapplicable. He also took the full Mahler fee in
some cases where the insurer had waived or reduced its PIP lien.
2 A “Winters fee” is similar to a Mahler fee but applies in PIP cases involving an underinsured at-fault party. Winters v. State Farm Mut. Auto. Ins. Co., 144 Wn.2d 869, 31 P.3d 1164 (2001). 4 In re Feyissa (Shakespear N.), No. 202272-3
After charging Mahler fees, Feyissa’s percentage of the client’s total
settlements ranged from 41-59 percent, exclusive of costs. Id. at 895-96 (FOF 20),
978-81 (Ex. A - HO’s Summ. Chart of Resp’t’s Fee Charges); Ex. 10.5. In total,
Feyissa took over $48,500 in fees above the stated percentage in the fee agreements.
Ex. 10.5; CP at 978-81.
Feyissa’s final accountings to his clients did not make clear to whom the
Mahler fee was being paid. They listed the Mahler fee as a separate line item from
the line item for attorney fees, even though Feyissa himself took that money. The
Mahler fee line items were worded vaguely and often made it appear that the insurer
was the recipient of the fee.
Feyissa also made false statements to insurers and medical providers in
multiple cases. He frequently misrepresented the amount of settlements to try to
induce providers to waive or lower their outstanding bills. It often worked. He
sometimes falsely asserted that his firm was waiving or lowering its fee to help
compensate the client, in attempts to induce insurers and medical providers to waive
liens or lower bills. E.g., CP at 918-19 (FOF 109-111).
Client AW’s automobile accident personal injury case provides an illustrative
example of this conduct. AW’s fee agreement did not contain the Mahler provision.
Ex. 51. In October 2014, AW received an arbitration award of $18,840.04. Ex. 54.
5 In re Feyissa (Shakespear N.), No. 202272-3
In November, Feyissa made several false statements to GEICO, the insurer who paid
AW’s PIP benefits. He falsely stated that AW’s award was only $11,500.00 and that
legal fees exceeded $9,000.00, and asked GEICO to waive its $8,004.00 claim for
PIP reimbursement. Exs. 55, 61; 1 VRP at 89. The same letter falsely stated that
Feyissa had agreed to reduce his fees and costs to help AW receive fair
compensation. Ex. 55. In response, GEICO agreed to accept $500.00 to satisfy its
lien. Exs. 60, 63, 66. AW’s final accounting did not show that GEICO had accepted
a reduced lien of $500.00, that Feyissa had paid GEICO $500.00, or that Feyissa
retained $3,129.11 of AW’s settlement as Mahler fees in addition to the $7,616.16
he collected as attorney fees. Instead, the final accounting listed a line item of
$4,129.11, ambiguously labeled “Mahler or Winters’ fees and discount by GEICO.
(GEICO subrogation lien – reduced from $8,004.00).” Ex. 66.
Around August 2019, Feyissa’s former paralegal, Teena Quichocho, filed a
grievance against him with the Bar. CP at 900 (FOF 47). In the grievance, Quichocho
alleged that Feyissa had stolen money from clients; had directed her to lie to clients,
insurers, and medical providers for his benefit; and had improperly charged clients
the full Mahler fee even when the insurer had reduced or waived the PIP
reimbursement amount. Ex. 2. She attached client documents and e-mails
substantiating these claims. Id.
6 In re Feyissa (Shakespear N.), No. 202272-3
II. Feyissa creates false declarations for three clients named in the grievance
ODC began an investigation of Quichocho’s grievance. In a September 6,
2019, letter, ODC directed Feyissa to retain all records, files, and accounts related
to the grievance. CP at 902 (FOF 55).
Shortly after receiving the grievance, Feyissa sought advice from a mentor,
J.D. Smith, a personal injury lawyer. Id. (FOF 56). Smith disagreed with Feyissa’s
interpretation of Mahler and advised Feyissa to refund the Mahler fees to his former
clients. Id. (FOF 56-57). During this conversation, Smith did not sense that Feyissa
was “intentionally cheating.” Id. (FOF 57). Based on Smith’s testimony, the HO
found that up until this point, Feyissa subjectively believed that his Mahler provision
accurately reflected the holding of that case, and that this conversation was his first
notice that “he had misread Mahler.” Id. (FOF 59).
In October 2019, Feyissa contacted three of the clients referenced in the
grievance: AW, GT, and SR. Feyissa sent a text to each client stating that “there may
be some confusion (with Mahler subrogation fees) when we disbursed your final
payment.” Exs. 69, 87, 114. He told the clients that he could not find the hard copies
of their files and asked if they could look for their fee agreements. Id. After
confirming the clients no longer had their original fee agreements, Feyissa drafted
declarations for each client’s signature stating, in relevant part:
7 In re Feyissa (Shakespear N.), No. 202272-3
I recall signing a contingency fee agreement exactly similar to the one attached herein showing the Mahler fees and PIP subrogation. I HAVE LOST THE COPY OF THE FEE AGREEMENT WE SIGNED, but I am certain that it’s the exact similar to the fee agreement attached herein. Mr. Feyissa has explained to me the contents of the fee agreement in detail before I signed. Exs. 68, 85, 115. Attached to each declaration was a revised contingency fee
agreement with the client’s name on it and—critically—Feyissa’s Mahler provision.
Exs. 68, 85, 115. The three clients signed the declarations on October 9, 2019, and
Feyissa gave each client a check refunding the Mahler fee. 4 VRP at 1099 (AW); 3
VRP at 694-95 (GT); Ex. 115 (SR).
The three declarations, however, were false: AW’s, GT’s, and SR’s original
fee agreements did not contain the Mahler provision. CP at 914 (FOF 98); Exs. 51,
76, 93.
Feyissa concedes that the declarations are false. 12 VRP at 2663 (Feyissa’s
counsel stated in closing, “[S]o we agree obviously the declarations weren’t true.”).
And unchallenged findings of fact establish that Feyissa knew the three
declarations were false: on October 9, 2019, he had access to the original electronic
fee agreements for AW and GT. CP at 914 (FOF 96). He inserted the Mahler
provision into GT’s original electronic fee agreement to create the revised fee
agreements attached to the AW, GT, and SR declarations. Id. (FOF 98).
8 In re Feyissa (Shakespear N.), No. 202272-3
Unchallenged findings of fact also establish that Feyissa intentionally created
the documents and induced the clients to sign them “to create better factual—but
false—evidence and induce what he thought would be favorable testimony from his
former clients,” id., and “for the purpose of creating falsified evidence in his favor
for use in the disciplinary proceeding.” Id. at 915 (FOF 100).
Sometime in October 2019, Feyissa gave the false declarations and attached
fee agreements to his attorney. 7 VRP at 1615. Feyissa also refunded several other
clients’ Mahler fees around this time. CP at 906 (FOF 69).
III. Feyissa’s responses to ODC’s document requests omit key files in his possession and contain false statements
On October 18, 2019, Feyissa’s counsel responded to the grievance. Counsel
asserted that Feyissa “cannot locate files for the clients whose documents
[Quichocho] attached to the grievance” and asserted that Quichocho stole those
files. Ex. R558 (emphasis added). The letter continues, “As mentioned above, Mr.
Feyissa cannot locate his files for these former clients even though he does have
closed files for other clients from the same time period. However, the fees appear to
be consistent with the fee agreement he has used for years, which entitles him to
Mahler/Winters fees in addition to the fee charged on the gross settlement amount.”
Id. (emphasis added). The italicized portions of these statements are false, since
9 In re Feyissa (Shakespear N.), No. 202272-3
Feyissa had access to the original electronic fee agreements of GT and AW at this
time, as discussed above. CP at 914 (FOF 96).
On February 13, 2020, ODC sent an “Additional Request for Response to
Grievance” seeking “all financial records” and “all correspondence” related to
clients mentioned in the grievance, including AW, GT, and SR. Ex. 3.
On October 16, 2020, Feyissa’s counsel filed an ELC 5.6 motion objecting to
that request. 3 CP at 905 (FOF 64 (citing Bar File number (BF) 39, Ex. B)). On
December 7, 2020, the chief hearing officer denied the motion and ordered Feyissa
to produce the requested documents within 30 days. Ex. 4; CP at 905 (FOF 67).
On January 20, 2021, Feyissa’s counsel responded to ODC’s February 13,
2020, additional request. CP at 905-06 (FOF 68); Ex. R560. Feyissa was copied on
the correspondence. Ex. R560. Feyissa’s counsel submitted a flash drive that she
stated “contains the documents Mr. Feyissa has been able to locate. There are
documents that he has not been able to find, likely because Ms. Quichocho stole
them.” Id. The flash drive did not contain either the original electronic fee
3 In March 2020, ODC requested that Feyissa’s counsel “hold off on filing any motions in this matter for now” because of the emerging coronavirus pandemic and stay- home orders. Ex. R512. Feyissa challenges FOF 63, CP at 904, which found that “[c]ounsel for the parties agreed that due to the pandemic, there would be an extension of time for Respondent’s motion to the Chief Hearing Officer pursuant to ELC 5.6(b).” But the record supports the finding that Feyissa’s counsel agreed to ODC’s request to seek an extension of time to file the motion. Ex. R563.
10 In re Feyissa (Shakespear N.), No. 202272-3
agreements for AW or GT, or the false declarations that Feyissa created in 2019 for
AW, GT, or SR, even though those documents were all responsive to ODC’s
February 13, 2020, request. Ex. 3.
The cover letter submitted with the flash drive also contained false statements.
In the cover letter, Feyissa’s counsel stated, “Mr. Feyissa’s fee agreement permits
him to collect Mahler and similar fees in addition to his contingency fee. When he
was unable to find the fee agreements for [AW, GT, and SR], in an abundance of
caution, he chose to refund that portion of his fees.” Id. The assertion that Feyissa
was unable to find the original fee agreements for AW and GT is false, as described
above.
On February 19, 2021, ODC sent a second Additional Request for Response
to Grievance. Among other things, this request sought documents related to the
Mahler fee refunds referenced in Feyissa’s January letter. CP at 906 (FOF 70 (citing
Ex. 5)).
On March 22, 2021, Feyissa’s counsel responded, copying Feyissa. Ex. 6. In
this response, Feyissa’s counsel produced the October 9, 2019, false declarations
and revised fee agreements for AW, GT, and SR. Id. Counsel also attached text
messages between Feyissa and AW, SR, and GT relating to the refunds and the
declarations. Id.
11 In re Feyissa (Shakespear N.), No. 202272-3
This letter also contains false statements. The letter states with regard to the
refunds, “Mr. Feyissa used the disbursement statements for each client as well as
documents attached to the grievance to calculate the amount of the refunds and also
looked at copies of checks. He does not know exactly which documents he looked
at for each client, but he did not use any documents that you do not already have.”
Id. (emphasis added). This is false because Feyissa used GT’s original electronic fee
agreement to create the false reconstructed fee agreements for AW, GT, and SR, as
discussed above, and at this point he had not produced GT’s original electronic fee
agreement. The letter also restates a previous falsehood: “When [Feyissa] was
unable to find the fee agreements for [AW, GT, and SR], in an abundance of caution,
he chose to refund that portion of his fees.” Id.
IV. Lisa Fanning files a second grievance against Feyissa
Meanwhile, massage provider Lisa Fanning filed a second grievance against
Feyissa. Fanning treated Feyissa client MW. Fanning sent Feyissa a bill for $999 for
massage services provided between November 2016 and January 2017 and kept in
touch with Feyissa about her outstanding bills. CP at 933 (FOF 163).
On March 19, 2019, Feyissa settled MW’s case for $9,000.00. Id. (FOF 164).
Later that day, Feyissa e-mailed Fanning, falsely stating that he was “‘trying to settle
12 In re Feyissa (Shakespear N.), No. 202272-3
the case’” and that “‘[t]hey are offering $2,312.44 as total settlement.’” Id. (FOF 164
(citing Ex. 490)), 933-34 (FOF 165).
Fanning declined to reduce her bill and maintained that she was owed
$999.00. Id. at 934 (FOF 166). On April 1, 2019, Feyissa sent her an e-mail stating,
in part, “You are one incredibly unreasonable, vicious and quiet [sic] honestly insane
person!! . . . . If you stop this drama, we are going to send you a check for $500.00
and then move on! If you insist on sending my client to collection, or continue your
threat and belligerent rant, then we will respond with have [sic] you be investigated
for your practice.” Id.; Ex. 493. Feyissa disbursed MW’s settlement funds on March
29, 2019, and held $1,000.00 in trust for the Fanning bill, intending to negotiate it.
CP at 934 (FOF 167).
Over eight months later, Feyissa told Fanning he would send her a check for
$1,000 as satisfaction for her bill. Ex. 494. Fanning responded that the check should
be for $999. Id. Feyissa mailed a check for $1,000; Fanning mailed it back with a
note demanding a check for the correct amount. Exs. 495, 496. On December 16,
2019, Feyissa sent Fanning a check for $999 with a note attached that read, in part,
“you are one horrible useless incompetent and stupid waste of a human.” Ex. 498.
13 In re Feyissa (Shakespear N.), No. 202272-3
The insulting language in the note motivated Fanning to file a Bar grievance.
4 VRP at 1075. Fanning was concerned that Feyissa would treat other providers
similarly. Id.
V. Bar files and amends “Formal Complaint” and obtains discovery order
On October 4, 2022, ODC filed its Formal Complaint. CP at 218-55 (BF 3).
On January 25, 2023, ODC filed a “Second Amended Formal Complaint.” Id. at
309-45 (BF 23). Feyissa filed an amended answer on April 24, 2023. Id. at 458-84
(BF 51).
In May 2023, ODC filed a “Motion to Allow Discovery Under ELC 10.11(c)”
to obtain the complete client files for the 16 clients named in the complaint. Id. at
910 (FOF 85). In a May 15, 2023, declaration submitted in opposition to ODC’s
motion, Feyissa stated, “I have looked at the files on my computer and I do not have
anything that was requested by ODC during its investigation that was not already
provided.” Ex. 17. He continued, “I do not have any physical files for the five clients
whose files are missing . . . . Those clients are called AW, GT, [SR], AM and HS in
the formal complaint.” Id.
On May 17, the HO granted ODC’s motion. CP at 910 (FOF 87). ODC
subsequently issued “Requests for Production of Documents and Tangible Things.”
CP at 503. On July 14, 2023, Feyissa responded to ODC’s requests for production.
14 In re Feyissa (Shakespear N.), No. 202272-3
Id. at 911-12 (FOF 88). He produced three boxes of physical client files, which
included the client files for AW, GT, SR, AM, and HS. These files included the
original, signed, hard copy fee agreements for those clients, none of which contained
the Mahler provision. Feyissa also produced additional documents, including e-
mails and electronic files, which he admitted during the hearing were responsive to
the chief hearing officer’s much earlier December 2020 order. Id. (citing 10 VRP at
2444-53; Exs. 142, 208, 433, 230). Those electronic files finally included the
original electronic fee agreements for GT and AW, which also did not contain the
Mahler surcharge provision. Id. at 912 (FOF 92-94).
Feyissa’s July 2023 production of documents revealed that the original fee
agreements for AW, GT, and SR never contained the Mahler provision. This meant
that the October 2019 declarations Feyissa prepared for those clients were false. By
looking at the Microsoft Word properties tab for the electronic fee agreements of
AW and GT, ODC determined that on October 9, 2019, Feyissa had access to those
original electronic fee agreements and that he inserted the Mahler provision into
GT’s original electronic fee agreement to create the revised fee agreements attached
to the AW, GT, and SR declarations. Id. at 914 (FOF 96, 98).
In response to this discovery, ODC amended the complaint to add a count of
submitting false evidence. The operative “Third Amended Formal Complaint
15 In re Feyissa (Shakespear N.), No. 202272-3
(Complaint),” CP at 565-607 (BF 125), charged Feyissa with the following counts
of misconduct:
COUNT 1 485. By committing the crime of theft and/or converting client funds, Respondent violated RPC 1.15A(b), RPC 8.4(b) (by committing the crime of theft, RCW 9A.56.020(1)(a), 9A.56.010(23)(b)), and/or RPC 8.4(c). COUNT 2 486. By making false representations to one or more insurance providers and/or third parties personally and/or through Quichocho, Respondent violated RPC 8.4(a), RPC 4.1, and/or RPC 8.4(c). COUNT 3 487. By failing to give one or more clients reasonable and fair disclosure of material elements of the fee agreement, by misrepresenting the amounts of subrogation liens against one or more client’s recoveries, and/or by making one or more misrepresentations as to whom the “Mahler” and/or other fees would be paid, Respondent violated RPC 1.4(a), RPC 1.4(b), RPC 1.5(c)(3) and/or RPC 8.4(c). COUNT 4 488. By charging and/or collecting unreasonable fees, Respondent violated RPC 1.5(a). COUNT 5 489. By failing to maintain disputed funds from MeA’s settlement in trust until the dispute with GEICO was resolved, Respondent violated RPC 1.15A(g). COUNT 6 490. By submitting false evidence to ODC during a grievance investigation, Respondent violated RPC 8.1(a), RPC 8.4(c), and/or RPC 8.4(l) (by violating ELC 1.5 and/or ELC 5.3).
....
16 In re Feyissa (Shakespear N.), No. 202272-3
COUNT 7 518. By lying to Fanning about what MW’s insurer was offering to settle MW’s case, Respondent violated RPC 4.1(a) and RPC 8.4(c). COUNT 8 519. By failing to promptly pay to a third person what the third person was entitled to receive, Respondent violated RPC 1.15A(f). Id. at 604-05, 607.
VI. Hearing, Board order, and appeal
A 12-day hearing was held before HO Janice Sue Wang between April 15 and
April 29, 2023. Numerous witnesses testified, including seven former clients, the
two grievants, several experts, and Feyissa.
On September 10, 2024, the HO issued a 90-page amended decision
dismissing counts 1 and 5 and finding that ODC had proved the remaining counts
by a clear preponderance of evidence. Id. at 887-981. The HO determined that seven
aggravating factors applied and three mitigating factors applied. Id. at 968-70
(conclusions of law (COL) 279-285), 971-72 (COL 287, 291-292). She
recommended disbarment based on Feyissa’s “creation and submission of the false
declarations of AW, GT and SR, the numerous acts of deceptive testimony about his
client files, and his bad faith obstruction of discovery during the disciplinary
process.” Id. at 974 (SA 300). The HO found that this misconduct overrode any
mitigating factors. Id. Without this misconduct, the HO “would have been willing to
17 In re Feyissa (Shakespear N.), No. 202272-3
recommend a suspension of 18 months followed by a 2-year probationary period
with a practice monitor” as an adequate sanction. Id. (SA 299).
Feyissa timely appealed the amended decision. CP at 982-83 (BF 194). After
briefing and oral argument, the Board unanimously adopted the decision and
disbarment recommendation. Decision Papers (DP) at 210-11 (BF 218).
Feyissa now appeals to this court. Id. at 212-13 (BF 219). He makes 45
assignments of error. First, he argues that the Board erred in affirming the amended
decision because of “appeals to racist tropes.” Appellant’s Opening Br. at 2. Second,
he argues that the Board erred in affirming the amended decision because the hearing
was not fundamentally fair. Id. He next assigns error to 54 of the findings of fact, to
the Board’s decision to affirm the HO’s conclusions of law and sanction analysis for
counts 2, 3, 4, 6, and 8, and to the HO’s recommendation of disbarment. Id. at 2-5.
He asks this court to dismiss counts 3, 4, and 6 and to order a new hearing on counts
2 and 8. Id. at 1, 6. Feyissa also argues that the chair of the Board abused her
discretion in assessing $34,524.13 in court reporter costs against him and asks this
court to reduce the court reporter costs by $8,983.98. Id. at 110; Resp’t’s Exception
to Am. Cost Statement (BF 224).
18 In re Feyissa (Shakespear N.), No. 202272-3
ISSUES
I. Is Feyissa entitled to a new hearing on the ground that racial bias affected the decision? [Short answer: No.] II. Was the hearing fundamentally unfair for other reasons? [Short answer: No.] III. Are the HO’s findings of fact supported by substantial evidence, and do the findings of fact support the conclusions of law? [Short answer: Yes. Substantial evidence supports most of the findings of fact, and those findings support the conclusions of law. The erroneous findings of fact are harmless.] IV. Did the HO err in the sanction analysis, including the analysis of mitigating and aggravating factors? [Short answer: No.] V. Is the recommended sanction of disbarment proportionate to the most serious misconduct? [Short answer: Yes.] VI. Did the Board chair abuse her discretion in denying respondent’s challenge to ODC’s cost bill? [Short answer: No.]
STANDARD OF REVIEW
“This court has the ultimate responsibility for disciplining lawyers.” In re
Disciplinary Proc. Against Van Camp, 171 Wn.2d 781, 797, 257 P.3d 599 (2011)
(citing In re Disciplinary Proc. Against Preszler, 169 Wn.2d 1, 15-16, 232 P.3d 1118
(2010)); ELC 2.1. We have, however, delegated certain responsibilities to the Bar.
In re Disciplinary Proc. Against Thi Anh Huynh, 3 Wn.3d 648, 658, 555 P.3d 398
(2024) (citing In re Disciplinary Proc. Against McKean, 148 Wn.2d 849, 861, 64
P.3d 1226 (2003)); ELC 2.5. An attorney is entitled to a disciplinary hearing at which
the Bar must prove each count of misconduct by a clear preponderance of the
19 In re Feyissa (Shakespear N.), No. 202272-3
evidence. In re Disciplinary Proc. Against Poole, 156 Wn.2d 196, 209, 125 P.3d
954 (2006); ELC 10.14(b). Following the hearing, “a hearing officer makes findings
of fact, conclusions of law, and initial recommendations to the Board, who then
reviews those recommendations and makes a decision that can be appealed to this
court.” Huynh, 3 Wn.3d at 658.
Unchallenged findings of fact are verities on appeal. In re Disciplinary Proc.
Against Marshall, 160 Wn.2d 317, 330, 157 P.3d 859 (2007) (citing In re
Disciplinary Proc. Against Longacre, 155 Wn.2d 723, 735, 122 P.3d 710 (2005)).
We uphold challenged findings of fact if they are supported by substantial evidence
in the record. Id. (citing Poole, 156 Wn.2d at 208). “Substantial evidence” is
evidence sufficient “‘to persuade a fair-minded, rational person of the truth of a
declared premise.’” Poole, 156 Wn.2d at 209 n.2 (internal quotation marks omitted)
(quoting In re Disciplinary Proc. Against Bonet, 144 Wn.2d 502, 511, 29 P.3d 1242
(2001)). We give “great weight” to the hearing officer’s evaluations of witness
credibility and of the lawyer’s state of mind. Marshall, 160 Wn.2d at 330 (citing
Longacre, 155 Wn.2d at 735).
“We review conclusions of law de novo and will uphold them if they are
supported by the findings of fact.” Id. (citing In re Disciplinary Proc. Against Cohen,
150 Wn.2d 744, 754, 82 P.3d 224 (2004)). When the Board is “unanimous with
regard to the recommended sanction, we will uphold its decision absent a clear 20 In re Feyissa (Shakespear N.), No. 202272-3
reason for departure.” In re Disciplinary Proc. Against Placide, 190 Wn.2d 402,
416-17, 414 P.3d 1124 (2018) (citing In re Disciplinary Proc. Against Fossedal, 189
Wn.2d 222, 233, 399 P.3d 1169 (2017)).
ANALYSIS
I. Feyissa fails to show that a new hearing is required based on racial bias
Feyissa’s primary argument is that this court should order a new hearing
because the first hearing was affected by racial bias. Specifically, he argues (1) that
the HO displayed racial bias and (2) that ODC counsel repeatedly referenced racial
stereotypes and elicited irrelevant testimony that called on those stereotypes. For the
following reasons, we reject those arguments.
A. Standard of review for claims of bias
An attorney in a disciplinary proceeding is entitled to a hearing before a
hearing officer who is not only fair but who appears to be fair. In re Disciplinary
Proc. Against Haskell, 136 Wn.2d 300, 314, 962 P.2d 813 (1998). “In determining
if a proceeding appears to be fair, the critical concern is how it would appear to a
reasonably prudent and disinterested person.” Id. (citing Chi., Milwaukee, St. Paul,
& Pac. R.R. Co. v. Hum. Rts. Comm’n, 87 Wn.2d 802, 557 P.2d 307 (1976)).
“Hearing officers shall perform their duties without bias or prejudice.” ELC
2.6(d)(1)(E). “A hearing officer is presumed to be impartial, and a party who alleges
21 In re Feyissa (Shakespear N.), No. 202272-3
bias must affirmatively establish his or her claim based on facts in the record, not
bald accusations, speculation, or innuendo.” In re Disciplinary Proc. Against
Jackson, 180 Wn.2d 201, 221-22, 322 P.3d 795 (2014) (citing In re Disciplinary
Proc. Against King, 168 Wn.2d 888, 904-06, 232 P.3d 1095 (2010)). When
analyzing a claim of hearing officer bias or lack of appearance of fairness, we
consider the record as a whole. Haskell, 136 Wn.2d at 317.
We have not yet addressed whether a different standard applies when an
attorney argues that racial bias affected a hearing officer’s decision in a disciplinary
proceeding.
Feyissa argues that we should apply the standard from Henderson v.
Thompson, 200 Wn.2d 417, 518 P.3d 1011 (2022). In Henderson, we held that in
ruling on a motion for a new civil trial under CR 59, “‘[t]he ultimate question for the
court is whether an objective observer (one who is aware that implicit, institutional,
and unconscious biases, in addition to purposeful discrimination, have influenced
jury verdicts in Washington State) could view race as a factor in the verdict,’”
considering the totality of the circumstances of the trial. Id. at 422 (alteration in
original) (quoting State v. Berhe, 193 Wn.2d 647, 665, 444 P.3d 1172 (2019)), 439.
Henderson also adopted a two-step framework for assessing a CR 59 motion for a
new trial on this basis: once a civil litigant “makes a prima facie showing sufficient
to draw an inference of racial bias under this standard, the court must grant an
22 In re Feyissa (Shakespear N.), No. 202272-3
evidentiary hearing to determine if a new trial is warranted.” Id. at 435 (citing Berhe,
193 Wn.2d at 665-66). If the party seeking to preserve the verdict cannot show that
racial bias had no effect on the verdict, then the court should order a new trial under
CR 59(a)(9). Id. Henderson’s reasoning was rooted in the right of criminal and civil
litigants “to a trial by an unbiased jury.” Id. at 434.
It is just as important to combat racial bias in the attorney disciplinary context
as in any other context. However, Feyissa has not adequately explained why the
Henderson standard, developed in the context of a CR 59 motion for a new trial in a
civil case tried to a jury, should be applied to the unique context of an attorney
disciplinary proceeding. “[D]isciplinary proceedings are neither civil nor criminal
but are sui generis hearings to determine if a lawyer’s conduct should have an impact
on the lawyer’s license to practice law.” ELC 10.14(a). Unlike civil and criminal
cases, there is no right to a jury trial in an attorney disciplinary proceeding, and the
ELCs do not provide a procedure equivalent to the CR 59 motion for a new trial.
Feyissa does not explain why, or how, the Henderson framework should apply
here given these significant differences. We therefore leave the question of whether
to change our current standard for evaluating a claim of racial bias in the disciplinary
proceeding context for another day.
23 In re Feyissa (Shakespear N.), No. 202272-3
B. Feyissa fails to demonstrate that racial bias was a factor in the HO’s disbarment recommendation
Feyissa argues that “the Hearing Officer’s reliance on cultural stereotypes,
ignoring testimony from black witnesses that contradicted white witnesses, refusal
to consider cultural differences, and her prohibition against offering relevant
evidence that referenced race, demonstrates that the decision did not achieve
substantial justice” under the Henderson standard. Appellant’s Opening Br. at 19.
Considering the totality of the circumstances and the record as a whole, we reject
Feyissa’s characterization of the record and his argument.
i. Feyissa’s claim that HO relied on cultural stereotypes
Feyissa first challenges the HO’s ruling that one instance of improper outside
interference with a witness’s remote testimony amounted to no more than harmless
error. Feyissa argues that this ruling was based on a cultural stereotype and tainted
the proceedings with racial bias.
This argument stems from the Bar’s decision to call Feyissa’s former client
AW to testify remotely. 4 VRP at 1088-1106. During direct examination, it became
apparent that AW’s husband was in the room and that he was speaking to her. Id. at
1094. On cross-examination, Feyissa’s counsel asked whether AW had been
speaking to her husband; AW said no, but her husband audibly responded, “Yes.”
Id. at 1105.
24 In re Feyissa (Shakespear N.), No. 202272-3
After AW testified, Feyissa’s counsel expressed concern that AW’s husband
had been speaking to her during the testimony. Id. at 1106. Following up on this
concern, ODC moved—the next day—to strike AW’s testimony completely. 5 VRP
at 1206-08. Feyissa’s counsel opposed the motion to strike “because [the husband]
did not say anything until [AW] was done testifying in the Bar’s case.” Id. at 1208.
Feyissa’s counsel also said she was “not concerned because the interference
happened after [AW] testified,” id. at 1209, and continued, “I’m willing to put on
the record that we would not raise on appeal any issue about interference with the
witness while—during the Bar’s questioning of her.” Id. at 1210. The HO then
denied ODC’s motion to strike. Id. at 1207, 1210.
Several days later, however, Feyissa’s counsel retracted her statement that she
would not raise an issue on appeal about AW’s testimony. 8 VRP at 1962-63. In
response, ODC renewed its motion to strike. Id. at 1966. ODC counsel explained
that AW’s husband had refused to leave the room during AW’s testimony and that
everyone had heard the husband “yelling at his wife, who you could see was visibly
upset by the yelling.” Id. The HO responded, “I understand. And I also understand
some cultures [sic] that men are very protective of their wives.” Id. The HO
continued, “I understand that this could be—my sense is this probably is some sort
of a cultural issue, but it sounds like harmless error to me and I will leave it at that
25 In re Feyissa (Shakespear N.), No. 202272-3
and if there is an issue to be brought later on, so be it.” Id. at 1968. She denied the
motion to strike. Id.
Feyissa argues that the HO relied on a cultural stereotype in ruling that the
husband’s interference reflected protectiveness and constituted at most harmless
error. But even if the HO’s reasoning concerning the husband’s interference was
misinformed, Feyissa does not show how the HO’s ultimate ruling—that the wife’s
testimony was admissible, as Feyissa continually argued—requires reversal. The Bar
was the party that moved to strike AW’s testimony because of the interference.
Feyissa was the party who requested that the HO deny the Bar’s motion to strike—
and the HO did so, twice.
Thus, even if the HO’s reasoning was incorrect, Feyissa does not show that
the HO’s ruling constituted error, much less prejudicial error. 4
4 Apart from the claim of racial bias, Feyissa also argues more generally that the events surrounding AW’s testimony rendered the proceeding unfair and entitle him to a new hearing. We reject this argument since Feyissa invited any error by objecting twice to the Bar’s motions to strike its own witness AW’s testimony. “Under the invited error doctrine, a party may not set up an error at trial and then complain of it on appeal.” Grange Ins. Ass’n v. Roberts, 179 Wn. App. 739, 774, 320 P.3d 77 (2013) (citing In re Pers. Restraint of Thompson, 141 Wn.2d 712, 723, 10 P.3d 380 (2000)). The doctrine applies when, as here, a party “takes affirmative and voluntary action that induces the trial court to take an action that party later challenges on appeal.” Id. (citing Thompson, 141 Wn.2d at 723-24).
26 In re Feyissa (Shakespear N.), No. 202272-3
ii. Feyissa’s claim that HO ignored testimony
Feyissa next argues that the HO ignored testimony from Black witnesses and
showed bias in favor of white witnesses. He argues that the HO’s written decision
implies that Feyissa called only Dr. Tutty, who is white, as an expert witness
regarding Feyissa’s depression, and ignored the testimony of Dr. Asressahegn, who
is Black. Appellant’s Opening Br. at 23.
But Dr. Asressahegn, a friend of Feyissa’s, did not treat Feyissa, did not
submit an expert report, and provided an opinion on Feyissa’s depression as a friend,
without following the normal diagnostic process. 7 VRP at 1728-29. Those facts
differentiated the two doctors’ testimony and weigh against concluding that the
HO’s focus on Dr. Tutty’s expert testimony showed bias.
Feyissa argues that the HO’s decision ignored testimony from two other Black
witnesses. Frederick Thompson, Quichocho’s ex-boyfriend, testified (negatively)
about Quichocho’s credibility. But the HO did not ignore that testimony or other
testimony relating to Quichocho’s credibility. CP at 901 (FOF 50). Instead, the HO
limited her finding that Quichocho testified credibly to her testimony concerning—
and supported by—the documentary evidence relating to the charges in the
complaint. Id. (FOF 49). The HO’s credibility determinations are entitled to great
weight, and we find no reason to disturb that limited determination here.
27 In re Feyissa (Shakespear N.), No. 202272-3
Similarly, Feyissa argues that the HO’s decision ignored testimony from a
Black witness, Ricci Greenwood, tending to undermine former client GT’s
credibility, and thereby incorrectly ruled that GT was credible. Appellant’s Opening
Br. at 23. But as the Bar points out, the HO did not make any credibility finding at
all about GT. Answering Br. of ODC of Bar (Answering Br.) at 42. Instead, the HO
made findings about GT’s final accounting and the false declaration that Feyissa
crafted for GT; those findings were unrelated to Greenwood’s testimony
undermining GT’s honesty about her medical condition. Id.; CP at 934-37 (FOF 176-
179).
Notably, Feyissa’s friends and relatives, many of whom were Black, testified
at the hearing, particularly about Feyissa’s depression during the relevant time
period. Another friend of Feyissa’s, who is Ethiopian and does business with
Ethiopian companies, testified about differences between Ethiopian and Western
cultures in terms of business practices. The HO found these witnesses’ testimony
credible. The record does not support Feyissa’s argument that the HO ignored the
testimony of Black witnesses.
iii. Feyissa’s claim that HO refused to consider cultural differences
Feyissa claims that the HO refused to consider cultural differences. But the
record contradicts that assertion, too.
28 In re Feyissa (Shakespear N.), No. 202272-3
As stated above, Feyissa’s friend testified about cultural differences between
Ethiopian and Western cultures relating to norms in negotiations. The witness opined
that “in Ethiopia, ‘If you tell a lie but everybody’s happy, then you didn’t do anything
wrong.’” CP at 973 (SA 296). The HO clearly did not refuse to consider this
testimony or to evaluate its impact on the case, as evidenced by her conclusion of
law on the issue; the HO made the sustainable legal conclusion that this cultural
difference “does not exempt Respondent from his professional obligations under the
RPCs, and thus cannot be accepted as a reason to mitigate Respondent’s conduct as
a lawyer.” Id.
iv. HO’s supposed prohibition on offering relevant evidence that referenced race
Feyissa argues that the HO rejected relevant testimony related to race and
ethnicity from Dr. Britton, a chiropractor who treated one of Feyissa’s clients.
Appellant’s Opening Br. at 26. The record shows just the opposite.
Dr. Britton testified that he had been hesitant to cooperate with the Bar’s
investigation at first because he didn’t want to be involved with someone losing their
license. 4 VRP at 997. When Bar counsel asked if Dr. Britton was “concerned about
testifying today,” Dr. Britton responded that if the proceeding resulted in Feyissa
losing his livelihood, that would be “a reason for concern.” Id. at 996. The Bar
continued,
29 In re Feyissa (Shakespear N.), No. 202272-3
Q. Were you concerned for yourself or concerned for Mr. Feyissa? A. In my—in this case for myself. I don’t have proper vision, so I wouldn’t recognize him if he was 15 feet away from me. I know he’s over there, but I can’t see any description of him or anything like that. So I don’t know if that helps me or not, but, you know, I think that I could jeopardize his ability to make money moving forward, and I don’t—and I was initially hesitant because I’m not looking for that.
Id. at 996-97. (Dr. Britton had previously testified he was legally blind in one eye.
Id. at 949.) The Bar asked no further questions on this topic. Id. at 997.
On cross-examination, Feyissa’s counsel—not Bar counsel—repeatedly
asked Dr. Britton whether he was physically afraid of Feyissa. Id. at 1006-09. She
began by asking whether Feyissa “seem[ed] to be a violent man” when Dr. Britton
met with him in his office. Id. at 1007. Dr. Britton responded, “No.” Id.
Feyissa’s counsel next asked, “And were you able to observe his skin color
when you met him?” Id. Dr. Britton responded, “Yes.” Id. At that point, Feyissa’s
counsel stated:
Q. Okay. I would like to ask that Mr. Feyissa stand next to the witness so the witness—because the witness has poor vision so he can see whether he was accurate when he said that he and Mr. Feyissa have the same skin tone. Id. The HO sustained ODC’s objection on relevance grounds. Feyissa’s counsel
continued:
30 In re Feyissa (Shakespear N.), No. 202272-3
[FEYISSA’S COUNSEL]: Okay. I would like the record to be clear that Mr. Feyissa is significantly darker in skin tone than Dr. Britton. THE WITNESS: We are both a brown skin tone. Id. at 1008. Feyissa’s counsel continued her line of questioning about whether Dr.
Britton was physically afraid of Feyissa:
Q. Okay. So my question was are—were—is your testimony that you’re afraid that Mr. Feyissa is going to do something violent against you? A. I don’t want to risk that possibility. Q. So you think there’s a possibility that Mr. Feyissa is going to physically harm you. Is that your testimony? A. There’s a possibility. Q. Okay. Are you aware that there is a racist stereotype about that black men are violent? A. I am white and black, so where are you coming from? Q. I am just asking you if you are aware of that racist stereotype.
Id. at 1009. ODC objected based on relevance. The HO stated, “I’m going to sustain
this objection . . . . I don’t want you to be raising race and interjecting that in this
hearing. It’s going to conclude now.” Id.
Viewed in context, the HO’s statement was not a refusal to admit relevant
testimony about race. Instead, it was a permissible decision to sustain the Bar’s
objection to a specific line of questioning that Feyissa’s counsel continued to pursue
despite Dr. Britton’s prior testimony that he did not think Feyissa was violent.
31 In re Feyissa (Shakespear N.), No. 202272-3
Further, the record as a whole shows that the HO did permit relevant testimony
regarding race and ethnicity. See, e.g., 8 VRP at 1933-37 (lay witness testimony
about Ethiopian cultural norms); 5 VRP at 1433-34 (expert opinion that there is
racism in the insurance industry and that may have affected the way insurers
communicated with Feyissa).
v. Feyissa’s argument that factual findings relied on racist tropes or mischaracterized Feyissa’s testimony
Finally, Feyissa assigns error to numerous findings of fact on the ground that
they evoke “the racist trope of black men as threatening and violent” by using coded
language, mischaracterizing his conduct as hostile, or misattributing testimony to
him. Appellant’s Opening Br. at 24. He argues that these errors show that the HO’s
decision was impacted by racial bias.
The HO found that “Respondent’s attacks on Ms. Quichocho from the time
he became aware of her filing the Grievance, were attempts by him to divert attention
from his conduct.” CP at 902 (FOF 53). Feyissa argues that the HO’s use of the term
“attacks” reflects the stereotype that Black men are violent. Appellant’s Opening Br.
at 24. That argument seriously mischaracterizes the HO’s finding. The phrase
“attacks on Ms. Quichocho” clearly refers to attempts to damage an opponent’s
credibility, not to physical violence. The fact that Feyissa sought to attack
32 In re Feyissa (Shakespear N.), No. 202272-3
Quichocho’s credibility throughout the investigation is supported by substantial
evidence.
The HO found that Feyissa “was unduly aggressive with Dr. Britton.” CP at
931 (FOF 156). Feyissa argues this finding was irrelevant and reflects the same
stereotype of Black men as violent. But this finding was based on documentary
evidence and testimony from Dr. Britton regarding his communications with
Feyissa, relevant to count 2. The documentary evidence showed that Feyissa
misrepresented the amount of the client’s settlement by tens of thousands of dollars
to induce Dr. Britton to reduce his lien. It further showed that when Dr. Britton
refused, Feyissa called Dr. Britton names and threatened to have Dr. Britton’s
license investigated. 4 VRP at 962-91. The HO’s description of this conduct was
reasonable and FOF 156 is supported by substantial evidence in the record. CP at
931.
In FOF 51, the HO described “Respondent’s repeated accusations that Ms.
Quichocho stole documents from him” as “long a centerpiece of his defense during
ODC’s investigation and in the subsequent disciplinary proceeding.” Id. at 901-02.
Feyissa argues that this claim was not “a centerpiece” of the hearing and that the
finding misattributes hostility to him, showing bias. But one of Feyissa’s main
arguments during the investigation was that Quichocho stole documents from him.
Ex. 26; Ex. R558. Thus, this finding is supported by substantial evidence. 33 In re Feyissa (Shakespear N.), No. 202272-3
Finally, two of the challenged findings related to this claim are not supported
by substantial evidence, but these errors are harmless. In FOF 52, the HO
erroneously found that Feyissa “assert[ed] that Ms. Quichocho was precluded from
testifying against him under a confidentiality agreement.” CP at 902. Feyissa never
asserted that Quichocho was precluded from testifying against him on that basis. In
FOF 155, the HO erroneously stated that Dr. Britton’s office was not aware that there
were two tortfeasors in the client’s case, when Dr. Britton’s testimony was the
opposite. Id. at 931; 4 VRP at 1017-18. We conclude that these errors are harmless
and do not reflect a reliance on racist tropes.
Reviewing the record as a whole, we conclude that Feyissa has not overcome
the presumption that the HO was unbiased. Jackson, 180 Wn.2d at 221-22.
C. Feyissa’s characterization of Bar counsel’s conduct is not supported by the record
Feyissa also argues that he is entitled to a new hearing because the Bar made
“repeated references to the racist trope of black men as violent and aggressive” and
that the Bar “elicited irrelevant testimony from two witnesses that called on the racist
trope of black men as violent and abusive.” Appellant’s Opening Br. at 18-20. Again,
he argues that the standard from Henderson should apply. In a statement of
additional authorities, he also cites In re Personal Restraint of Skone, 30 Wn. App.
2d 1, 33, 543 P.3d 842 (2024), a decision applying this court’s case law on
34 In re Feyissa (Shakespear N.), No. 202272-3
prosecutorial misconduct during a criminal trial. 5 Feyissa does not explain the
distinction between these two standards or why either of them should apply to his
claim in the distinct attorney discipline context. Nor does he address the fact that the
record does not support his characterizations about what actually happened with
reference to many of his claims of racial bias.
Much of Feyissa’s argument on this point relates to Dr. Britton’s testimony,
discussed above. As stated, the Bar asked Dr. Britton two questions related to his
hesitation to cooperate in the investigation. 4 VRP at 997. On cross-examination,
Feyissa’s counsel repeatedly asked Dr. Britton whether he was physically afraid of
Feyissa and then sought to prove that Feyissa’s skin tone was darker than Dr.
Britton’s skin tone. Id. at 1006-09. As noted above, she began by asking whether
Feyissa “seem[ed] to be a violent man” when Dr. Britton met with him in his office.
Id. at 1007. Dr. Britton responded, “No.” Id. Feyissa’s counsel continued her line of
questioning about whether Dr. Britton was physically afraid of Feyissa until the HO
sustained ODC’s objection on relevance. Id. at 1009.
5 Skone applied the standard from State v. Zamora, where we held that when determining whether a prosecutor’s conduct “‘flagrantly or apparently intentionally’” appealed to jurors’ racial or ethnic bias, the court asks whether an objective observer could view the prosecutor’s statements during voir dire as an appeal to jurors’ potential prejudice, bias, or stereotypes. 30 Wn. App. 2d at 34 (quoting State v. Zamora, 199 Wn.2d 698, 718- 19, 512 P.3d 512 (2022)). In conducting this analysis, the court considers the apparent purpose of the statements, whether the comments were based on the evidence or reasonable inferences in the record, and the frequency of the remarks. Zamora, 199 Wn.2d at 718-19.
35 In re Feyissa (Shakespear N.), No. 202272-3
When viewed in context, the Bar’s questioning of Dr. Britton did not call on
racial stereotypes. Rather, the Bar asked a relevant question about Dr. Britton’s
initial hesitation to cooperate in the investigation, then moved on. This exchange
does not support Feyissa’s argument that the Bar referenced racist stereotypes.
The Bar’s questioning of witnesses about specific communications with
Feyissa did not reference stereotypes, either. Service providers Dr. Britton and
Fanning both testified about text messages and e-mail conversations with Feyissa.
Their descriptions of Feyissa’s communications with them—for example, Dr.
Britton’s description of Feyissa’s communication in a text exchange as
“hotheaded”—enjoy substantial support from documentary evidence in the record.
See 4 VRP at 962-91, 1064-75. And the testimony was relevant because it related
directly to counts 2 and 7. We reject Feyissa’s contention that the Bar’s questions on
these topics, or the Bar’s description of this conduct as verbally abusive in closing,
was inappropriate.
As mentioned above, Feyissa also argues that the Bar “used the racist trope of
black men as violent to discredit” witness Frederick Thompson, Quichocho’s ex-
boyfriend. Thompson testified that he believed Quichocho was lying about
allegations in the grievance against Feyissa. Appellant’s Opening Br. at 22; 7 VRP
at 1773-80. On cross-examination, Thompson testified that Quichocho filed a false
petition for a domestic violence (DV) protection order against him. 7 VRP at 1784- 36 In re Feyissa (Shakespear N.), No. 202272-3
86, 1788. Thompson testified that Quichocho’s lies in the DV petition led him to
conclude that she was probably lying in the grievance. Id. at 1786.
The Bar then asked Thompson whether other DV protection orders had ever
been filed against him. Id. at 1789. The HO sustained Feyissa’s objection. Id. The
Bar did not ask any further questions about protection orders. We disagree that the
Bar’s single question about the additional DV protection orders was an attempt use
the racist trope of Black men as violent to discredit Thompson. Instead, the Bar’s
question about prior DV orders was an attempt to rebut the alleged-false-protection-
order basis for Thompson’s claim that Quichocho was a liar.
Finally, Feyissa argues that the Bar evoked racial stereotypes when it asked
him, during cross-examination, “Do you sometimes get angry and yell at providers?”
10 VRP at 2429. But Feyissa omits the full context of the question, which the Bar
asked to clarify what Feyissa meant when he himself testified that he would
sometimes “go on off on providers.” 9 VRP at 2241.
The record does not support Feyissa’s arguments about Bar counsel’s conduct.
II. Feyissa does not show that the hearing was otherwise unfair
Feyissa argues that the hearing was not fundamentally fair for additional
reasons unrelated to racial bias. We disagree.
37 In re Feyissa (Shakespear N.), No. 202272-3
A. Court reporter favoritism
During the hearing, the Bar requested a transcript excerpt from the court
reporter. Ex. R557. Early the following day, the court reporter e-mailed an excerpt
of the transcript and requested ODC to “keep this under wraps so that [Feyissa’s
attorney] doesn’t know.” Id. ODC counsel responded, “I did not realize that you had
a policy of not providing excerpts during hearings. In the future, please do not make
policy exceptions for ODC.” Id.
Then, at the hearing that day, ODC counsel put the matter on the record. 9
VRP at 2164. Feyissa objected to the court reporter continuing on the case. Id. at
2165. The HO did not remove the court reporter from the case. Id. at 2166. She
directed the court reporter to follow the standards applicable to court reporters, to
not provide transcript excerpts to either party during the hearing, and to destroy any
existing physical copies of excerpts. Id. at 2165-66.
Feyissa argues that this was unfair and that he is entitled to a new hearing.
However, he provides no authority to support his argument that court reporter bias
or favoritism provides a ground for a new hearing absent any showing of prejudice.
Rather, a litigant seeking a new hearing on the ground that a transcript is incomplete
or incorrect must usually show prejudice from the defect in the record to obtain
relief. State v. Miller, 40 Wn. App. 483, 488, 698 P.2d 1123 (1985); United States
38 In re Feyissa (Shakespear N.), No. 202272-3
v. Anzalone, 886 F.2d 229, 231-32 (9th Cir. 1989) (defendant seeking reversal based
on alleged inaccuracies in transcript must show “specific prejudice” from the alleged
inaccuracies to prevail).
Feyissa fails to do so here. He argues that due to the HO’s earlier ruling that
the parties could not make additional recordings of the proceeding, “it is impossible
to determine the extent to which the reporter’s bias affected the accuracy of the
transcript, but portions of it were not consistent with Respondent counsel’s
recollection.” Appellant’s Opening Br. at 32 (citing CP at 760-67 (BF 172)). 6 But
he does not identify any specific part of the transcript as inaccurate. Further, Feyissa
proposed corrections to the transcript, and the HO ordered many of those corrections.
CP at 768-69 (BF 177), 770-82 (BF 181).
The court reporter’s offer to provide an excerpt to ODC only and that
reporter’s request to hide this information from Feyissa were both improper. See
WAC 308-14-130(1) (court reporters must “[o]ffer arrangements on a case
6 At the beginning of the hearing, the HO ruled that no party would be permitted to make a recording. 1 VRP at 21-22. A hearing officer may “make any ruling that appears necessary and appropriate to insure a fair and orderly proceeding.” ELC 10.1(c). A hearing officer’s “discretionary decisions are entitled to great weight.” In re Disciplinary Proc. Against Sanai, 167 Wn.2d 740, 751, 225 P.3d 203 (2009). “Generally, a reviewing court will not disturb a discretionary act absent a showing of manifest abuse of discretion,” which occurs “‘only when no reasonable person would take the view adopted.’” Jackson, 180 Wn.2d at 220 (quoting and citing In re Disciplinary Proc. Against Whitney, 155 Wn.2d 451, 465, 120 P.3d 550 (2005)). Feyissa does not show that no reasonable hearing officer would have made that decision.
39 In re Feyissa (Shakespear N.), No. 202272-3
concerning court reporting services or fees to all parties on equal terms”). But the
HO admonished the court reporter not to repeat her improper conduct and ordered
all excerpts destroyed. Feyissa fails to identify any inaccuracies in the transcript or
argue that they caused him prejudice. Haskell, 136 Wn.2d at 313-14. Given these
facts, a reasonably prudent and disinterested person would not find the HO’s
decision unfair.
B. Feyissa’s claim that HO prejudged the matter
The HO asked the parties to include in their hearing briefs “citations in support
of their position as to the appropriateness and proportionality of sanctions sought by
ODC, including analysis of any mitigating and aggravating circumstances.”
Appellant’s Opening Br. at 36-37 (emphasis omitted); CP at 616-18 (BF 136).
Feyissa’s counsel argues that this request shows that the HO decided prior to the
hearing that ODC would meet its burden of proving the misconduct alleged in the
complaint.
We disagree that the wording of this order was unfair or expressed a
presumption that ODC would carry its burden. Further, the fact that the HO ended
up dismissing two of the eight counts undermines Feyissa’s argument that the HO
had prejudged the case.
40 In re Feyissa (Shakespear N.), No. 202272-3
C. Challenges to findings of fact on the basis that HO relied on evidence outside the record
Feyissa argues that the HO used evidence outside the record to make
numerous findings of fact and that this violated his ELC 10.13(d) right to cross-
examine witnesses and his due process right to notice and an opportunity to be heard.
Appellant’s Opening Br. at 37-38.
The documents he refers to as being “outside the record,” however, are
all documents from the Bar file. In these instances, the HO cited the
documents appropriately, either to establish the procedural history of the case or
for undisputed factual assertions. Moreover, Bar file documents are part of the
record on review, so this court is free to consider them in any case. ELC 12.5(b).
III. The findings of fact support the bulk of the conclusions of law, and any erroneous factual findings are harmless
Feyissa assigns error to several findings of fact, arguing that they are not
supported by substantial evidence. He also challenges the entirety of the HO’s
conclusions of law for counts 2, 3, 4, 6, and 8. We reject these challenges. Substantial
evidence supports nearly all the challenged findings of fact; any errors are harmless.
In turn, the findings of fact support the HO’s legal conclusions. We summarize the
factual support for each count below.
41 In re Feyissa (Shakespear N.), No. 202272-3
Count 2
Count 2 charged Feyissa with making false statements to one or more
insurance providers and/or third parties personally or through Quichocho, in
violation of RPC 8.4(a), RPC 4.1, and/or RPC 8.4(c). The HO concluded that ODC
proved count 2 because “Respondent admitted to making false statements” to third
parties in seven cases. CP at 948-49 (COL 214).
Feyissa concedes that he made false statements in five of those cases but
argues that there is no evidence that he admitted to making false statements in two
cases (AW and SR). Appellant’s Opening Br. at 54.
But substantial evidence supports the findings that Feyissa admitted that he
made false statements, either personally or through Quichocho, in AW’s and SR’s
cases. In AW’s case, Feyissa admitted that the letter to AW’s insurer contained false
statements, 10 VRP at 2449, and Quichocho testified that Feyissa saw and approved
that letter before it went out. 1 VRP at 89. In SR’s case, Feyissa admitted that at the
time Quichocho sent the letter to SR’s insurer, which Feyissa was copied on, he
knew that the statements she made were false. 10 VRP at 2450. The HO’s findings
and conclusions on count 2 were sound.7
7 Feyissa also argues that the HO double-counted misconduct by including the false statements made to Fanning in this count, while those statements also formed the basis for count 7. Appellant’s Opening Br. at 55. But even without considering those statements as 42 In re Feyissa (Shakespear N.), No. 202272-3
Count 3
Count 3 charged Feyissa with violating RPC 1.4(a), RPC 1.4(b), RPC
1.5(c)(3), and/or RPC 8.4(c) by “failing to give one or more clients reasonable and
fair disclosure of material elements of the fee agreement, by misrepresenting the
amounts of subrogation liens against one or more client’s recoveries, and/or by
making one or more misrepresentations as to whom the ‘Mahler’ and/or other fees
would be paid.”
Feyissa challenges each subpart of this count. Although the HO made two
errors in the factual findings related to this count, the errors are harmless and the
remaining findings of fact support her conclusion that the Bar proved count 3.
A. Failing to give one or more clients reasonable and fair disclosure of material elements of the fee agreement
With regard to this subsection of count 3, the HO concluded that Feyissa
violated RPC 1.4(b), which provides, “A lawyer shall explain a matter to the extent
reasonably necessary to permit the client to make informed decisions regarding the
representation.”8
part of count 2, the remaining evidence clearly shows that Feyissa made false statements to “one or more . . . third parties” as charged. 8 The HO found that this part of count 3 applied only to the 10 clients whose fee agreements contained the Mahler provision. CP at 949 (COL 216). The HO addressed Feyissa’s “mistaken application of the Mahler Surcharge Provision” to the remaining 6 43 In re Feyissa (Shakespear N.), No. 202272-3
Feyissa first argues that the Bar improperly charged him with violating RPC
1.4(b). Appellant’s Opening Br. at 59-60. He argues that RPC 1.4(b) does not apply
when a prospective client signs a fee agreement. He explains that the Bar was limited
to charging him with violating RPC 1.5(b), which requires a lawyer to disclose the
rate or basis of a fee “before or within a reasonable time after commencing the
representation.”
The HO correctly rejected these arguments. Under our controlling precedent,
this conduct can form the basis for charging a violation of RPC 1.4(b). Van Camp,
171 Wn.2d at 805 (attorney’s failure to explain the fee agreement at the time the
client signed it violated RPC 1.4(b) because the client “needed sufficient information
about the matter (including how the fee was being calculated) to make informed
decisions concerning his case”); see also In re Disciplinary Proc. Against Burtch,
162 Wn.2d 873, 886, 175 P.3d 1070 (2008) (attorney violated both RPC 1.4(b) and
1.5(b) by failing to “adequately and accurately explain the fee agreement to his
client”).
clients whose fee agreement did not contain the provision in her discussion of count 4. Id. at 949 n.38. 44 In re Feyissa (Shakespear N.), No. 202272-3
B. The factual findings support the conclusion that Feyissa violated RPC 1.4(b), despite two erroneous findings
Feyissa continues that even if RPC 1.4(b) applies to his conduct, the findings
of fact do not support the conclusion that he failed to give clients reasonable and fair
disclosure of material elements of the fee agreement.9 Appellant’s Opening Br. at
63. Specifically, Feyissa argues that the testimony of two clients, ME and YG, does
not support the conclusion that he violated RPC 1.4(b). ME and YG testified that
they understood the Mahler provision when they signed the agreement. 7 VRP at
1683-84 (ME); 3 VRP at 929 (YG testified, “[H]e explained that to me, and I
understood it at that time.”). The HO erroneously found that YG “indicated” that he
did not understand “the meaning of ‘Mahler’” when he signed the fee agreement.
CP at 930-31 (FOF 154).
In challenged FOF 20, the HO found there was “no evidence that Respondent
ever advised a client that the Mahler Surcharge Provision would operate as a mark-
up of the regular, base attorney fee charged to the client.” CP at 896. But in
unchallenged FOF 181, the HO found that client AA testified that Feyissa explained
9 Feyissa challenges numerous findings of fact related to this count: FOF 20, 112, 117, 130, 131, 133, 154, 160, 176, 177. CP at 895-96, 919-20, 924-25, 930-31, 932-33, 935-36. All but two of these findings are supported by substantial evidence. The two findings that are not supported (FOF 20 and 154) are discussed below. 45 In re Feyissa (Shakespear N.), No. 202272-3
that he would collect an additional attorney fee. Id. at 937. Thus, part of FOF 20
conflicts with FOF 181.
Despite these errors, the HO’s legal conclusion that Feyissa violated RPC
1.4(b) is still supported by the findings of fact and by the record. In total, seven
clients whose cases were impacted by Mahler fees testified. Id. at 938 (FOF 183). In
unchallenged FOF 183, the HO found this testimony “sufficient to illustrate the
ambiguities of the Mahler Surcharge Provision, the lack of any information at the
time of the fee agreement’s execution that the Mahler fees would range on the order
of 8% - 20%, and the lack of any disclosure of the methodology of how Mahler fees
were computed at the time of the final accountings.” Id. Read as a whole, the clients’
testimony supports this conclusion. The HO was free to give little weight to
Feyissa’s self-serving testimony that he sufficiently explained the Mahler provision
at the time each client signed the fee agreement. Id. Further, since it is undisputed
that Feyissa misunderstood the holding of Mahler as entitling him to the insurer’s
proportionate share, his explanation of the Mahler provision at the time these clients
signed fee agreements would have conveyed that erroneous understanding. Id. Given
the facial ambiguity of the provision combined with Feyissa’s erroneous
interpretation of the case and the lack of evidence that Feyissa disclosed how the fee
was calculated or that it could increase his attorney fee by up to 20 percent, we affirm
the HO’s conclusion that Feyissa violated RPC 1.4(b).
46 In re Feyissa (Shakespear N.), No. 202272-3
C. Misrepresenting the amounts of subrogation liens against clients’ recoveries
The second clause of count 3 charges Feyissa with violating RPC 1.4(a), RPC
1.4(b), RPC 1.5(c)(3), and/or RPC 8.4(c) by “misrepresenting the amounts of
subrogation liens against one or more client’s recoveries.” Feyissa acknowledges
that the HO “found that this portion of Count 3 was proven by Mr. Feyissa
calculating the Mahler fee based on the full amount of the PIP lien even when the
carrier agreed to reduce or waive its lien.” Appellant’s Opening Br. at 66 (citing CP
at 954-56 (COL 230-234)). But he argues that that is not the same as
“misrepresent[ing] the amount of any lien.” Id.
We disagree. As the Bar explains, “the hearing officer made multiple findings
that insurers had agreed to reduce or waive their liens, yet the final accountings
Respondent provided to clients reflected only the original lien amount, not the actual
lien amount in effect at the time of the final accountings.” Answering Br. at 80. “To
the extent those final accountings stated that an original lien amount was reduced,
they made it appear as if the lien was reduced to the amount of Mahler fees collected
by Respondent.” Id. Substantial evidence supports the HO’s conclusion that Feyissa
misrepresented the amount of subrogation liens against one or more client’s
recoveries. CP at 956 (COL 237).
47 In re Feyissa (Shakespear N.), No. 202272-3
D. Misrepresenting to whom Mahler and/or other fees would be paid
The final clause of count 3 charged Feyissa with violating RPC 1.4(a), RPC
1.4(b), RPC 1.5(c)(3)10 and/or RPC 8.4(c) by “making one or more
misrepresentations as to whom the ‘Mahler’ and/or other fees would be paid.”
RPC 8.4(c) bars a lawyer from engaging in “conduct involving dishonesty,
fraud, deceit or misrepresentation.” Feyissa argues he did not violate RPC 8.4(c)
because failing to identify the recipient of a fee “is not equivalent to a
misrepresentation.” Appellant’s Opening Br. at 68. A “misrepresentation” is “[t]he
act or an instance of making a materially false or misleading assertion about
something, usu[ally] with the intent to deceive.” BLACK’S LAW DICTIONARY 1195
(12th ed. 2024); see also id. at 1196, “passive misrepresentation” (“leading a person
to believe something that isn’t true without actually making any false statements”).
Here, the HO made numerous well-supported findings that Feyissa’s final
accountings intentionally obscured the fact that he was the one receiving the Mahler
fee and instead made it look like the Mahler fee was going to the insurers. See CP at
919-20 (FOF 112, 117), 923-25 (FOF 127, 131, 133), 928-29 (FOF 146, 149), 936
10 RPC 1.5(c)(3) provides that “upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.” 48 In re Feyissa (Shakespear N.), No. 202272-3
(FOF 177), 957 (COL 241); Exs. 149, 268, 299, 341, 406;11 see also CP at 943-44
(FOF 200) (unchallenged finding accepting testimony of Bar’s accounting expert
that “Respondent’s final accountings failed to disclose the amount of the ‘Mahler
fees’ taken by Respondent”). These findings support the HO’s conclusion that each
of the 16 clients’ final accountings was facially ambiguous as to who received the
Mahler fee.12 They also support the conclusion that Feyissa’s “failure to fully
disclose his deducting a Mahler Surcharge, with the attendant failure to disclose the
method by which the surcharge was calculated, combined with the drafting of the
Final Accounting to make it appear that the amounts were paid to the PIP insurer,”
constituted a misrepresentation that violated RPC 8.4(c), as well as a violation of
RPC 1.5(c)(3). CP at 957-58 (COL 243).
11 Feyissa challenges the HO’s findings that he “intentionally obscured” his receipt of Mahler fees for SR, AW, GT, HS, and AM in FOF 112, 117, 131, 133, and 177. CP at 919-20, 924-25, 936. But these findings are supported by substantial evidence. On their face, the original final accountings do not state the recipient of the Mahler fee; instead, the documents make it appear that the fee was paid to the insurer. Further, in AW’s and GT’s cases, the final accountings failed to state that the insurer had waived or reduced its PIP lien. The findings of fact explained all of this in detail. The HO’s inference that Feyissa intentionally obscured his receipt of the Mahler fee is supported by substantial evidence. Huynh, 3 Wn.3d at 659 (“[A] lawyer’s knowledge and intent may be inferred from the circumstances.” (citing Placide, 190 Wn.2d at 441; RPC 1.0A(f))). 12 Feyissa specifically challenges the portion of COL 241 that concluded that the original final accountings for clients GH and ME were ambiguous. Appellant’s Opening Br. at 70; CP at 957. But the HO’s description of the clients’ original final accountings is accurate and supports the legal conclusion that those documents were facially ambiguous.
49 In re Feyissa (Shakespear N.), No. 202272-3
The HO also concluded that Feyissa violated RPC 1.5(c)(3) because his final
accountings failed to state how he determined the amount of the Mahler fee. Id.
Feyissa challenges this conclusion on the ground that count 3 did not specifically
charge him with that conduct. Appellant’s Opening Br. at 72.
This requires us to consider ELC 10.3(a)(3), which provides that the “formal
complaint must state the respondent’s acts or omissions in sufficient detail to inform
the respondent of the nature of the allegations of misconduct.” But “[t]here is no
requirement that every fact, specific element, or pertinent legal theory be pleaded in
the complaint to justify the reason for the charges.” Huynh, 3 Wn.3d at 684 n.8. By
charging Feyissa with violating RPC 1.5(c)(3) and referencing his
misrepresentations of the Mahler fee, the complaint gave him sufficient notice of the
nature of the allegations of misconduct.
In sum, despite some errors in factual findings, we conclude that the Bar
proved count 3.
Count 4
Count 4 provided, “By charging and/or collecting unreasonable fees,
Respondent violated RPC 1.5(a).” RPC 1.5(a) provides that a lawyer “shall not make
an agreement for, charge, or collect an unreasonable fee or an unreasonable amount
for expenses.” The HO found that this count applied to three subsets of clients who
50 In re Feyissa (Shakespear N.), No. 202272-3
were charged Mahler fees: six clients whose fee agreements lacked the Mahler
provision; two clients who were charged a Mahler fee on non-PIP lien amounts to
which Mahler is inapplicable; and nine clients whose fee agreements contained the
Mahler provision and whose cases involved PIP payments. CP at 959 (COL 247).
While Feyissa assigns error to all of the HO’s conclusions of law for count
4, his primary argument is that the complaint failed to give him sufficient notice of
the nature of the allegations as to each subset of clients. We reject this argument.
A. The nine clients whose fee agreements contained Mahler provisions
Feyissa argues that count 4 must be dismissed as to the nine clients whose fee
agreements contained the Mahler provision because the complaint did not allege
violations of specific subsections of RPC 1.5(a). CP at 958 (COL 244); Appellant’s
Opening Br. at 80-81. The HO rejected this argument, concluding that the
complaint’s citation to RPC 1.5(a) sufficed to put Feyissa on notice that each
subsection of the rule could be considered. CP at 958 (COL 244).
We agree. The complaint “alleged facts related to Respondent’s collection of
fees for each client and then specifically alleged each client’s fee was unreasonable
and charged a violation of RPC 1.5(a) in Count 4.” Answering Br. at 85. And the
text of RPC 1.5(a) makes clear that each subsection of the rule constitutes a factor
to consider in determining whether a fee was reasonable. See, e.g., In re Disciplinary
51 In re Feyissa (Shakespear N.), No. 202272-3
Proc. Against Boelter, 139 Wn.2d 81, 95-96, 985 P.2d 328 (1999) (looking to factors
under RPC 1.5(a) to determine if lawyer violated the rule); In re Disciplinary Proc.
Against VanDerbeek, 153 Wn.2d 64, 84-85, 101 P.3d 88 (2004) (same). Feyissa cites
no authority suggesting that the Bar must cite specific subsections of RPC 1.5(a) to
provide sufficient notice.
B. The two clients charged Mahler fees on non-PIP liens
The HO found that Feyissa violated RPC 1.5(a) as to AA and BA because
those clients were improperly charged Mahler fees on non-PIP liens (that is, liens to
which the Mahler rule does not apply). CP at 960 (COL 249). Contrary to Feyissa’s
claim, the complaint clearly informed him of the nature of this alleged misconduct.
See CP at 580-81 (paras. 183, 189, 190, 195) (alleging that Feyissa improperly
collected additional, unreasonable fees on AA’s Optum lien), 603 (paras. 474, 477,
479, 480, 481, 482) (alleging same as to BA’s L&I lien). Further, Feyissa does not
challenge the findings that charging these clients a Mahler fee was improper. CP at
917 (FOF 106-107).
C. The six clients whose fee agreements lacked Mahler provisions
The HO concluded that Feyissa violated RPC 1.5(a) by charging a Mahler fee
to six clients (AW, GT, SR, HS, AM, and GH) whose fee agreements completely
lacked the Mahler provision. CP at 959-60 (COL 248). Feyissa does not dispute that
52 In re Feyissa (Shakespear N.), No. 202272-3
the Bar proved count 4 as to three of those clients. Appellant’s Opening Br. at 73;
Answering Br. at 82. But he argues that count 4 must be dismissed as to AW, GT,
and SR because the complaint inaccurately stated the amounts of money Feyissa
improperly took from these clients’ settlements. Appellant’s Opening Br. at 74.
Feyissa argues that the complaint thus “did not disclose the nature of the alleged
misconduct for these three clients.” Id.
We disagree. Count 4 charged Feyissa with “collecting unreasonable fees.”
Any amount of Mahler fees taken from this subset of clients was unreasonable,
because the clients’ fee agreements contained no provision authorizing Feyissa to
take an additional percentage of their settlement. Indeed, Feyissa implicitly
acknowledges this by conceding that ODC proved count 4 as to HS, AM, and GH.
The complaint was clear about the nature of the allegations: charging an
unreasonable fee not authorized by the fee agreement. Feyissa does not show that
these inaccuracies in the complaint deprived him of notice about the nature of the
alleged misconduct.
D. Challenges to factual findings regarding expert testimony
Feyissa argues that some of the HO’s conclusions on the RPC 1.5(a) factors
“were not supported by the evidence at hearing.” Id. at 79. But the testimony of the
Bar’s expert, David Heller, provided substantial evidence to support these
53 In re Feyissa (Shakespear N.), No. 202272-3
conclusions, specifically the conclusion that Feyissa’s cases did not involve unusual
amounts of time and labor, that Feyissa’s attorney fees in the range of 41-59 percent
greatly exceeded the 33-40 percent range typical in Seattle for this type of work, and
that the amounts involved and the results obtained were relatively standard. CP at
960-61 (COL 252); 5 VRP at 1318, 1426-27.
Philip Talmadge served as Feyissa’s expert witness on fee issues. Feyissa
challenges FOF 196, CP at 942-43, which found that Talmadge’s testimony was “of
limited potential applicability” because he “expressly did not review the enumerated
factors of RPC l.5(a), and in particular declined to review RPC 1.5(a)(9).” This
finding is erroneous: Talmadge did review RPC 1.5(a) factors and testified that he
believed Feyissa’s fee agreement with client BG satisfied RPC 1.5(a)(9). 8 VRP at
1869. 13
Despite this error, we conclude that the HO did not err in deciding to give less
weight to Talmadge’s expert testimony. The HO reasonably chose to give significant
weight to the testimony of the Bar’s expert, Heller, because Heller reviewed the files
for the 16 clients named in the complaint in reaching his opinion. 5 VRP at 1314-
15. By contrast, Talmadge specifically testified that he was not offering an opinion
13 Feyissa also challenges FOF 198 relating to Talmadge’s testimony. CP at 943. That finding is supported by substantial evidence.
54 In re Feyissa (Shakespear N.), No. 202272-3
on whether Feyissa’s fees were reasonable and that he had reviewed only one or two
client files in forming his opinion. 8 VRP at 1856. Further, Talmadge’s testimony
was not necessary for the HO to analyze the RPC 1.5(a)(9) factor, which is identical
to RPC 1.4(b) discussed in count 3—both RPCs require reasonable and fair
disclosure of material terms of the fee agreement. The HO’s conclusion that Feyissa
failed to give a reasonable and fair disclosure of a material term of the fee agreement
is supported for all the reasons described above regarding count 3.
Count 6
Count 6 reads: By submitting false evidence to ODC during a grievance investigation, Respondent violated RPC 8.1(a), RPC 8.4(c), and/or RPC 8.4(l) (by violating ELC 1.5 and/or ELC 5.3). CP at 604-05.
A. Due process challenge
This count relates to the fact that Feyissa created false declarations and false
revised fee agreements in October 2019 for clients AW, GT, and SR, then gave them
to his attorney, who submitted them to ODC in response to a document request.
Critically, Feyissa concedes that these documents are false. See 12 VRP at
2663 (in closing, respondent’s counsel stated, “so we agree obviously the
declarations weren’t true”); Disciplinary Proc. Hr’g (May 2, 2025) at 15 (“So that’s
55 In re Feyissa (Shakespear N.), No. 202272-3
the false part. . . . [w]e’re not contesting . . . the part about whether [the declarations
were] true or false.”).
But Feyissa argues that count 6 must be dismissed anyway because its
language does not accurately reflect the misconduct claimed or the evidence
presented at the hearing. Appellant’s Opening Br. at 51 (citing Poole, 156 Wn.2d
196).
Again, we disagree. The complaint clearly alleges that the original fee
agreements for AW, GT, and SR lacked the Mahler provision, that each of the three
declarations Feyissa drafted for these clients to sign was “knowingly false,” and that
Feyissa “submitted” the false declarations during the grievance investigation. CP at
568-69 (paras. 39, 40, 43) (AW), 571 (paras. 72, 73, 76) (GT), 574 (paras. 113, 114,
117) (SR). The complaint thus provides “specific detail as to the respondent’s acts
or omissions regarding acts of dishonesty, deceit, and misrepresentation” as required
by ELC 10.3(a)(3). Placide, 190 Wn.2d at 430. This sufficed to inform him of the
nature of the charged misconduct and it matched the evidence presented at the
hearing.
B. Challenge to conclusions of law
Feyissa also argues that the Bar did not prove count 6 because Feyissa,
personally, did not submit the false documents to the Bar and because Feyissa’s
56 In re Feyissa (Shakespear N.), No. 202272-3
attorney did not submit the documents “as evidence” but submitted them only
because they were responsive to ODC’s document request. Appellant’s Opening Br.
at 47-48.
We reject both these arguments. First, Feyissa argues that the false
declarations and attachments were not “evidence.” But unchallenged findings of
fact, which are verities on appeal, found that Feyissa intentionally created this false
evidence for use in the disciplinary proceeding. CP at 812 (FOF 100), 811 (FOF 98).
Second, even apart from the unchallenged findings of fact, the documents are
“evidence.” “Evidence” is “[s]omething (including testimony, documents, and
tangible objects) that tends to prove or disprove the existence of an alleged fact;
anything presented to the senses and offered to prove the existence or nonexistence
of a fact.” BLACK’S LAW DICTIONARY, supra, at 696. The declarations and
attachments contained assertions that, if believed, would tend to disprove allegations
in the grievance that Feyissa stole from clients or charged unreasonable fees. The
HO’s conclusion that the documents are evidence is sound. CP at 859 (COL 255-
256).
Feyissa continues that since he did not personally send the documents to the
Bar, he did not “submit” them. He argues that he did not know his attorney would
send the documents to the Bar and that he never asked her to do so.
57 In re Feyissa (Shakespear N.), No. 202272-3
We reject these arguments. The attorney’s submission of false documents on
Feyissa’s behalf is properly attributable to Feyissa. The general rule is “if an attorney
is authorized to appear on behalf of a client, that attorney’s acts are binding on the
client.” Barr v. MacGugan, 119 Wn. App. 43, 46, 78 P.3d 660 (2003) (citing Haller
v. Wallis, 89 Wn.2d 539, 547, 573 P.2d 1302 (1978)); see also Link v. Wabash R.R.
Co., 370 U.S. 626, 633-34, 82 S. Ct. 1386, 8 L. Ed. 2d 734 (1962) (party who chooses
to have a lawyer generally cannot “avoid the consequences of the acts or omissions
of this freely selected agent”).
Feyissa has not shown why this general rule does not apply to him. Feyissa
intentionally created those falsified documents as evidence for use in the disciplinary
proceeding, as an unchallenged factual finding confirms. CP at 915 (FOF 100). The
same month Feyissa created the false documents, he gave them to the attorney
representing him in this matter. 7 VRP at 1615. His attorney submitted those falsified
documents to ODC pursuant to her duty under the ELCs because they were
responsive to ODC’s document request. The HO made the permissible inference
from these facts that Feyissa intentionally submitted the false evidence to ODC.
Huynh, 3 Wn.3d at 659 (“[A] lawyer’s knowledge and intent may be inferred from
the circumstances.” (citing Placide, 190 Wn.2d at 441; RPC 1.0A(f))).
Feyissa argues that the HO erred in denying his attorney’s motion to testify at
the hearing regarding the submission of the false documents. But the HO permitted
58 In re Feyissa (Shakespear N.), No. 202272-3
Feyissa’s attorney to make an offer of proof as to her proposed testimony before
ruling on its admissibility. 11 VRP at 2516-17. The offer of proof showed that the
attorney would testify that Feyissa did not specifically direct her (the attorney) to
submit the false declarations and that she submitted the documents to ODC only
because they were responsive to ODC’s document request. 10 VRP at 2476-84; 11
VRP at 2516. The HO found that this testimony was unnecessary because the HO
viewed the issues of whether the documents were “evidence” and whether Feyissa
“submitted” them to ODC as legal questions. 10 VRP at 2481; 11 VRP at 2517. We
agree; the fact that Feyissa did not specifically direct the lawyer to provide
documents responsive to the ODC request is irrelevant. Thus, the HO did not abuse
her discretion in denying the attorney’s motion to testify.
In sum, the complaint sufficiently informed Feyissa of the nature of the
allegations against him and the findings of fact support the HO’s conclusion that
ODC proved count 6.
Count 8
Count 8 charged Feyissa with violating RPC 1.15A(f) by failing to promptly
pay massage provider Fanning what she was owed. Because the presumptive
sanction on this count was reprimand and not disbarment, we need not review
Feyissa’s challenges. See Jackson, 180 Wn.2d at 233 (citing In re Disciplinary Proc.
59 In re Feyissa (Shakespear N.), No. 202272-3
Against Petersen, 120 Wn.2d 833, 854, 846 P.2d 1330 (1993) (if facts sufficient to
disbar on certain counts, court need not review other charged counts)). Nevertheless,
the record clearly shows an eight-month gap between the date of the settlement and
the date that Feyissa finally paid Fanning, after Feyissa made numerous attempts to
coerce Fanning to reduce her bill.
IV. Sanction analysis
We conclude that the Bar proved counts 2, 3, 4, 6, and 8 by a clear
preponderance of evidence. Feyissa next challenges the HO’s sanction analysis for
each count and the Board’s adoption of the recommended sanction of disbarment.
Once the HO concludes that ODC has proved a count of misconduct, she next
considers the appropriate sanction. The American Bar Association’s Standards for
Imposing Lawyer Sanctions (1991 ed. & Supp. 1992) govern lawyer sanctions in
Washington. Cohen, 150 Wn.2d at 758. “This court evaluates whether the hearing
officer properly determined the presumptive sanction by considering (1) the ethical
duty or duties that the lawyer violated, (2) the lawyer’s mental state, and (3) the
actual or potential injury caused by the lawyer’s misconduct.” Id. “Next, we consider
whether the hearing officer properly weighed the aggravating and mitigating
factors.” Id. Finally, this court “considers the recommended sanction in light of . . .
the degree of unanimity among the Board and its proportionality with sanctions
60 In re Feyissa (Shakespear N.), No. 202272-3
imposed for similar misconduct.” Id. (citing In re Disciplinary Proc. Against
Kuvara, 149 Wn.2d 237, 259, 66 P.3d 1057 (2003)).
The HO found that the presumptive sanction for most of the counts was
disbarment. But she based her ultimate recommendation of disbarment solely on
count 6 and its related aggravating factors.
We have already concluded that the Bar proved count 6 by a clear
preponderance of evidence. Thus, we consider only the challenge to the presumptive
sanction analysis for count 6.
A. Duty violated and presumptive sanction analysis for count 6
The HO determined that A.B.A. Standards std. 6.1 applied to the RPC
violations charged in count 6. CP at 967 (SA 276). She was correct. That standard
provides:
Disbarment is generally appropriate when a lawyer, with the intent to deceive the court, makes a false statement, submits a false document, or improperly withholds material information, and causes serious or potentially serious injury to a party, or causes a significant or potentially significant adverse effect on the legal proceeding. A.B.A. STANDARDS std. 6.11.
The HO found that the record showed that Feyissa “intentionally provided
ODC with false documents in response to ODC’s investigation requests.” CP at 967
(SA 276). The HO further found that Feyissa’s conduct in submitting false evidence
61 In re Feyissa (Shakespear N.), No. 202272-3
harmed the public and the legal system, id. at 963-64 (COL 261), that it caused a
“significant or potentially significant adverse effect” on the disciplinary proceeding,
and that the “conduct was prejudicial to the administration of justice.” CP at 915-16
(FOF 101). The HO additionally found that the conduct “caused ODC to
unnecessarily expend time and resources in reliance upon the false declarations,” CP
at 963 (COL 258), since “[a]ll three earlier versions of the formal complaint assumed
that given the alleged absence of the original fee agreements, Respondent had begun
representation of AW, GT, and SR, without a written fee agreement.” Id. (COL 257).
The HO concluded that the presumptive sanction for this count is disbarment. CP at
967 (SA 276), 963-64 (COL 261).
Feyissa argues that the evidence does not support the finding that he had a
mental state of intent, making essentially the same argument that he did when
arguing that he did not “submit” the false declarations. He argues that he did not
know that his attorney was going to submit the declarations to ODC and that he did
not direct her to do so. For the reasons discussed above, we reject this argument.
Feyissa also argues that the HO’s determination that ODC relied on the false
declarations lacks support. Appellant’s Opening Br. at 53 (citing CP at 908 (FOF
75), 915-16 (FOF 101)). To be sure, the HO’s finding on this issue is somewhat
confusing: the false declarations all stated (accurately) that there had been an original
fee agreement but that the client had lost it. And ODC’s first three formal complaints 62 In re Feyissa (Shakespear N.), No. 202272-3
alleged that there had been no original fee agreements in those cases, suggesting that
ODC did not rely on those declarations’ assertions that the fee agreements in those
cases were lost.
But ODC did expend resources pursuing its theory that Feyissa improperly
charged Mahler fees in those cases due to lack of a fee agreement transferring
ownership of those fees to him. When ODC finally learned that Feyissa actually had
fee agreements in those cases, but that those fee agreements were later falsified,
ODC had to expend further resources investigating whether the Mahler fees were
improper for other reasons. So the HO’s findings that ODC relied on the false
declarations are well supported by the evidence.
And even if the findings that ODC relied on the false declarations were
erroneous, the HO’s determination that disbarment was the presumptive sanction for
this count was still correct. We have “stated unequivocally that ‘[f]alsifying
information during an attorney discipline proceeding’ itself harms the public and the
legal system.” In re Disciplinary Proc. Against Simmerly, 174 Wn.2d 963, 990, 285
P.3d 838 (2012) (alteration in original) (citing Whitt, 149 Wn.2d at 720). Here, the
HO specifically concluded that Feyissa falsified information during an attorney
disciplinary proceeding, that this conduct harmed the public and the legal system,
and that it was prejudicial to the administration of justice. CP at 963-64 (COL 261),
915-16 (FOF 101). At a minimum, Feyissa’s conduct caused “a potentially 63 In re Feyissa (Shakespear N.), No. 202272-3
significant adverse effect on the legal proceeding.” A.B.A. STANDARDS std. 6.11.
This supports disbarment.
B. Aggravating and mitigating factors
The HO found seven aggravating factors: dishonest or selfish motive (A.B.A.
Standards std. 9.22(b)); pattern of misconduct (A.B.A. Standards std. 9.22(c));
multiple offenses (A.B.A. Standards std. 9.22(d)); bad faith obstruction of the
disciplinary proceeding by intentionally failing to comply with rules or orders of the
disciplinary agency (A.B.A. Standards std. 9.22(e)); submission of false evidence,
false statements, or other deceptive practices during the disciplinary process (A.B.A.
Standards std. 9.22(f)); refusal to acknowledge wrongful nature of conduct (A.B.A.
Standard std. 9.22(g)); and substantial experience in the practice of law (A.B.A.
Standards std. 9.22(i)). She found three mitigating factors: absence of prior
disciplinary record (A.B.A. Standards std. 9.32(a)); timely good faith effort to make
restitution or to rectify consequences of misconduct (A.B.A. Standards std. 9.32(d));
and character or reputation (A.B.A. Standards std. 9.32(g)).
Feyissa argues that the HO erred in analyzing these factors. We discuss only
the aggravating and mitigating factors relevant to the HO’s disbarment
recommendation in this case. As stated, she based that recommendation on both the
misconduct alleged in count 6 and Feyissa’s “numerous acts of deceptive testimony
64 In re Feyissa (Shakespear N.), No. 202272-3
about his client files, and his bad faith obstruction of discovery during the
disciplinary process.” CP at 974 (SA 300). We conclude that the HO properly
analyzed mitigating and aggravating factors.
Mitigating factors
Feyissa argues that the HO erred in declining to apply several additional
mitigating factors and by undervaluing the evidence related to Feyissa’s character
and reputation. Most of the additional mitigating factors discussed by Feyissa are
not relevant to count 6, so we do not discuss them here. 14
i. Character and reputation (A.B.A. Standards std. 9.32(g))
The HO found that this mitigating factor applied “due to [Feyissa]’s
significant pro bono activities on behalf of the Ethiopian community.” CP at 972
(SA 292). Feyissa argues that the HO undervalued “noteworthy volunteer work he
did outside the Ethiopian community” and positive character testimony from other
witnesses. Appellant’s Opening Br. at 96-97. But, as detailed in FOF 12, most of the
evidence about Feyissa’s pro bono activities related to work he did on behalf of the
Ethiopian community. CP at 891-92. It is therefore reasonable that the HO credited
that work as the most significant.
14 Specifically, Feyissa’s arguments about the mitigating factors of lack of selfish or dishonest motive, remorse, cultural differences, and lack of training do not relate to count 6. 65 In re Feyissa (Shakespear N.), No. 202272-3
ii. Personal or emotional problems (A.B.A. Standards std. 9.32(c))
Feyissa argues that the HO erred in declining to apply the mitigating factor of
personal or emotional problems. The lawyer bears the burden of establishing a
mitigating factor. In re Disciplinary Proc. Against Carpenter, 160 Wn.2d 16, 30,
155 P.3d 937 (2007). Critically, for this mitigating factor to apply, the lawyer must
show a connection between their asserted personal or emotional problems and the
misconduct. In re Disciplinary Proc. Against Holcomb, 162 Wn.2d 563, 591, 173
P.3d 898 (2007).
Here, Feyissa presented evidence that he suffered from depression from 2012
to 2022, a period where he was fighting for custody of his daughter and was deeply
concerned that her mother was mistreating her. Numerous friends and family
testified that during this time Feyissa expressed suicidal thoughts, experienced sleep
disturbances, and became withdrawn and uncharacteristically unsociable and
irritable. Two doctors testified that they concluded Feyissa suffered from clinical
depression during this time. CP at 944 (FOF 201). Feyissa eventually won full
custody of his daughter in 2022, and his mental state improved.
The HO accepted all of this testimony. She found that “Respondent’s concerns
for his child’s well-being were genuine—as confirmed by friends who testified on
his behalf.” Id. (FOF 202).
66 In re Feyissa (Shakespear N.), No. 202272-3
But the HO still found that the mitigating factor of personal or emotional
problems did not apply because Feyissa did not show the required “connection
between the asserted emotional problem and the misconduct.” Id. at 971 (SA 288).
Specifically, the HO found that the evidence did not connect Feyissa’s depression
with his misreading of the Mahler decision, his “intentional failure” to cooperate in
producing documents during the investigation, or “his creation of the false
declarations of AW, GT, and SR.” Id. She specifically noted that expert Dr. Tutty’s
testimony failed to link Feyissa’s depression to his billing practices, his
misrepresentations to third-party insurers and medical providers, or to “any other
errors committed by Respondent in his legal practice.” CP at 944-45 (FOF 203).
Moreover, this court has never held that personal or emotional problems
mitigate misconduct that involves intentional, affirmative acts of dishonesty like
making false statements, forgery, or theft. In In re Disciplinary Proceeding Against
Waechter, the attorney was charged with 15 counts of misconduct, which included
conversion of client funds, forgery, and trust account violations. 191 Wn.2d 20, 419
P.3d 827 (2018). An expert psychologist testified that Waechter “likely suffered”
compassion fatigue, which “caused Waechter to be careless and avoid stresses, such
as his bookkeeping duties.” Id. at 32. We held that the Board erred by failing to
consider the emotional or personal problems mitigator because the testimony
provided a connection between Waechter’s emotional problems and poor
67 In re Feyissa (Shakespear N.), No. 202272-3
bookkeeping, which related to the charges of trust account violations. Id. at 33. But
we also held that the evidence did not provide a connection between Waechter’s
emotional problems and the most serious counts of converting client funds and
forging a client’s signature. Id. Thus, under the totality of the circumstances, we
concluded that the error was harmless.
Likewise, in In re Disciplinary Proceeding Against Christopher, we rejected
the Board’s adoption of the personal or emotional problem mitigator because
“[t]here is no demonstrated connection between [the attorney’s] problems and the
intentional and deliberate falsification of documents” that the attorney submitted to
a court. 153 Wn.2d 669, 684, 105 P.3d 976 (2005); see also Petersen, 120 Wn.2d at
868 (1993) (attorney’s depression was not a significant mitigating factor where
attorney converted client funds); In re Disciplinary Proc. Against Hicks, 166 Wn.2d
774, 789, 214 P.3d 897 (2009) (no connection between attorney’s personal and
emotional problems and misconduct relating to making false statements to ODC
during investigation).
Feyissa’s case is similar. His depression might have contributed to his
misreading of Mahler, to the ambiguous wording of the Mahler provision, to his
failure to sufficiently explain the meaning of the provision to clients, or to the way
he communicated with others (like Fanning). And proper consideration of his
depression on the counts related to that conduct might possibly have changed the 68 In re Feyissa (Shakespear N.), No. 202272-3
recommended sanction on those counts. But Feyissa does not explain how his
depression connects to his intentional decisions to create false declarations and false
fee agreements and give them to his attorney in the grievance investigation. The HO
did not err in concluding that this mitigating factor did not alter the presumptive
sanction of disbarment for count 6.15
iii. Delay (A.B.A. Standards std. 9.32(j))
Feyissa argues that the HO erred in declining to apply the mitigating factor of
delay based on the four-year span between the first grievance and the hearing date.
Appellant’s Opening Br. at 98. He also argues that ODC committed unjustified
prosecutorial delay. Id. at 99.
This delay factor applies when an attorney shows “that the proceeding’s time
span resulted in unfair prejudice to him or her, or is caused by unjustified
prosecutorial delay.” Preszler, 169 Wn.2d at 33. The attorney’s burden of
15 Feyissa assigns error to FOF 202, which found that while Feyissa “placed great blame for his depression, on his child custody disputes . . . it is worth noting the record submitted by Respondent during the hearing, indicates that the limitations on his visitation rights in large part were due to his decade-long refusal to complete” court-ordered domestic-violence-related programs. CP at 944. Feyissa argues that no evidence was presented at the hearing to support the conclusion that he refused to complete those programs or that any refusal affected his visitation. Appellant’s Opening Br. at 90-91. But FOF 202 cited a court order that Feyissa himself submitted as an exhibit; the hearing officer is permitted to consider the contents of exhibits. Feyissa did not designate that exhibit for review on appeal, so we cannot assess its contents. Even if the hearing officer’s finding on this issue was wrong, the finding has no impact on the hearing officer’s conclusion that Feyissa failed to connect his depression to count 6. CP at 944.
69 In re Feyissa (Shakespear N.), No. 202272-3
establishing this factor “is more difficult to meet when the attorney plays a role in
extending the length of time in the proceeding.” Id. (citing Cohen, 149 Wn.2d at
341).
Here, Feyissa played a major role in extending the duration of the proceeding
through his delays in complying with ODC document requests. Feyissa did not fully
comply with the chief hearing officer’s December 5, 2020, order to comply with
ODC’s first document request until July 14, 2023, when he finally produced key
documents related to AW, GT, SR, HS, and AM. CP at 911-12 (FOF 88). These
included documents that Feyissa knew were in his possession as early as October
2019 and that were directly responsive to that first document request. Id. And it was
Feyissa’s belated production of the GT and AW electronic fee agreements, among
other documents, that led ODC to discover the October 2019 declarations were false.
ODC amended the complaint to add count 6 after making that discovery. We reject
Feyissa’s characterization of ODC as creating unjustified delay because his conduct
was a significant factor in any delays. Further, it appears that some of the delay was
caused by COVID-19, a factor outside of either party’s control.
70 In re Feyissa (Shakespear N.), No. 202272-3
Aggravating factors
Feyissa challenges the HO’s application of several aggravating factors.
Appellant’s Opening Br. at 105. We discuss the two aggravating factors that are
relevant to the HO’s disbarment recommendation.
i. Bad faith obstruction of disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency (A.B.A. Standards std. 9.22(e))
The HO concluded that this aggravating factor applied because of Feyissa’s
“multiple willful and intentional acts over the course of several years, attempting to
evade production of documents.” CP at 969 (SA 282).
Feyissa first argues that ODC did not allege this aggravating factor, but
aggravating factors “may be considered without being formally charged in the
complaint.” Appellant’s Opening Br. at 106; Burtch, 162 Wn.2d at 889.
Feyissa also challenges the application of this aggravator because he
characterizes it as unfairly punishing him for using the procedures available to him
in the ELCs. Appellant’s Opening Br. at 106-07 (citing Marshall, 167 Wn.2d at 84).
But the HO’s application of this aggravating factor is not based on the permissible
use of ELC procedures. Instead, it is largely based on Feyissa’s repeated failure to
produce the original electronic fee agreements of GT and AW, which he knew he
had since October 2019. CP at 914 (FOF 96). Despite knowing he possessed these
71 In re Feyissa (Shakespear N.), No. 202272-3
documents, Feyissa through counsel repeatedly falsely stated that he could not find
these clients’ files. Exs. R558, R560. Even after the chief hearing officer ordered
him to produce the requested files in December 2020, Feyissa continued to state that
he did not have them. Ex. 6. Unchallenged findings of fact establish that Feyissa
intentionally failed to comply with the December 2020 discovery order and that this
amounted to bad faith obstruction of the disciplinary proceeding. CP at 914-15 (FOF
99), 915 (FOF 102-104), 969 (SA 282) (concluding failure to comply with this order
“was particularly disrespectful to the disciplinary process”). Further, unchallenged
FOF 188 found that Feyissa “willfully and intentionally failed to cooperate with
ODC’s investigation prior to the filing of the Formal Complaint” and that he
“willfully and intentionally failed to comply with the Chief Hearing Officer’s order
of December 5, 2020.” CP at 939-40. We uphold the HO’s application of this
aggravating factor. Id.
ii. Submission of false evidence, false statements, or other deceptive practices during the disciplinary process (A.B.A. Standards std. 9.22(f))
The HO applied this factor based on both the misconduct charged in count 6
and “the lengthy procedural history over the course of the investigation phase and
during the disciplinary proceeding.” CP at 969 (SA 283).
72 In re Feyissa (Shakespear N.), No. 202272-3
Count 6 charged Feyissa with submitting false evidence. Thus, application of
the “submission of false evidence” part of this aggravating factor to that count would
improperly double-count the same misconduct as both a charge and an aggravating
factor. The Bar agrees. Answering Br. at 111.
But unchallenged findings and evidence in the record support the HO’s
application of the “false statements or other deceptive practices during the
disciplinary process” parts of this factor. As mentioned, during the investigation
Feyissa through counsel made numerous false statements to the Bar that Feyissa
could not find the client files for AW or GT. Exs. R558, R560. Feyissa was copied
on all these letters, and there is no evidence that he ever attempted to correct any of
the false statements. Feyissa also falsely stated in his May 2023 declaration that he
did not have physical client files for five clients named in the formal complaint,
including AW and GT. Ex. 17. But Feyissa did have those files and he ultimately
produced them in response to ODC’s requests for production in July 2023. CP at
910-12 (FOF 86-88).
Further, the HO found that Feyissa’s hearing testimony about when he moved
files from his office to his home was contradictory and not credible. CP at 938-39
(FOF 185-187). She found that the contradictory testimony was “an intentional, bad
faith attempt by Respondent to pre-date his moving his files to prior to ODC’s
February 13, 2020 Additional Request for Response to Grievance, in an attempt to 73 In re Feyissa (Shakespear N.), No. 202272-3
appear less culpable for not producing the files of AW, GT, SR, HS and AM in
response to the Chief Hearing Officer’s order of December 5, 2020.” Id. at 939 (FOF
186). The HO’s credibility findings are entitled to great weight.
Thus, the record supports this aggravating factor because Feyissa made false
statements and engaged in deceptive practices throughout the investigation distinct
from the submission of false evidence charged in count 6.
We uphold the HO’s analysis of aggravating and mitigating factors. Feyissa
has not shown that any additional mitigating factors should apply or that the HO
applied the aggravating factors incorrectly.
C. Proportionality and unanimity
“‘We review the proportionality of sanctions only if the issue is raised by the
attorney who is being disciplined.’” Holcomb, 162 Wn.2d at 592 (quoting In re
Disciplinary Proc. of Whitney, 155 Wn.2d 451, 469, 120 P.3d 550 (2005)). “‘The
attorney facing discipline bears the burden of bringing cases to the court’s attention
that demonstrate the disproportionality of the sanction imposed.’” Huynh, 3 Wn.3d
at 687 (internal quotation marks omitted) (quoting In re Disciplinary Proc. Against
Cramer, 168 Wn.2d 220, 240, 225 P.3d 881 (2010)).
Although Feyissa mainly argues that count 6 was not proved, he also
implicitly argues that the sanction for count 6 is disproportionate because his conduct
74 In re Feyissa (Shakespear N.), No. 202272-3
differed from the conduct in three cases that supported disbarment based on
submission of false evidence. Appellant’s Opening Br. at 53.16
We disagree.
In Whitt, the attorney falsely told ODC she had not dismissed a client’s case
without the client’s consent and she submitted false documents to ODC attempting
to support the lie. 149 Wn.2d 707. In Simmerly, the attorney sent ODC a letter
containing false information about client trust accounts and fabricated ledgers during
a grievance investigation. 174 Wn.2d at 982. In Van Camp, the attorney sent ODC a
false and exaggerated time reconstruction to support his argument that he had earned
a $25,000 fee. 171 Wn.2d at 787.
Feyissa argues that there is “no similarity” between his conduct and the
conduct justifying disbarment in those cases. Appellant’s Opening Br. at 53. The
distinction, he argues, is that those attorneys “manufactured documents and
presented them to ODC as genuine to support a false claim that the lawyer had not
engaged in misconduct.” Id.
16 Feyissa also made disproportionality arguments related to counts 2 and 4. Appellant’s Opening Br. at 57, 84. Although the HO found the presumptive sanction for those counts was disbarment, her recommendation of disbarment was based solely on count 6 and related aggravating factors. CP at 974 (SA 299-300). Therefore, it is unnecessary to address the disproportionality arguments related to counts 2 and 4. 75 In re Feyissa (Shakespear N.), No. 202272-3
But Feyissa’s conduct was no different. Just as in those cases, Feyissa created
false evidence to try to hide or justify misconduct. And just as in those cases, Feyissa
caused the evidence to be submitted to ODC during a disciplinary proceeding. The
only distinction is that Feyissa was represented by counsel, so his false evidence was
submitted through his attorney. As discussed above, Feyissa’s attorney’s submission
of the documents is properly attributable to Feyissa. Feyissa fails to show that
disbarment is a disproportionate sanction for submitting false evidence in a
disciplinary proceeding—which, again, is “one of the most egregious charges that
can be leveled against an attorney.” Whitt, 149 Wn.2d at 720.
“A unanimous board decision will be upheld in the absence of a clear reason
for departure.” Id. at 717 (citing Kuvara, 149 Wn.2d at 258-59). We conclude that
ODC proved all challenged counts by a clear preponderance of evidence, that the
HO did not err in the sanction analysis, and that disbarment is not a disproportionate
sanction for the serious misconduct of count 6. We therefore accept the Board’s
V. The Board chair did not abuse her discretion in denying respondent’s challenge to ODC’s cost bill
We review cost awards for abuse of discretion. VanDerbeek, 153 Wn.2d at 99
(citing Rettkowski v. Dep’t of Ecology, 128 Wn.2d 508, 519, 910 P.2d 462 (1996)).
76 In re Feyissa (Shakespear N.), No. 202272-3
Abuse of discretion occurs “‘only when no reasonable person would take the view
adopted.’” Whitney, 155 Wn.2d at 465 (quoting Bonet, 144 Wn.2d at 510).
Under ELC 13.9(a), the Bar’s costs and expenses “may be assessed” against
a sanctioned attorney. Costs include “all monetary obligations, except attorney fees,
reasonably and necessarily incurred” in the Bar’s performance of its duties. ELC
13.9(b).
Here, the Bar sought an assessment of $33,984.88 for court reporter charges.
DP at 216-17 (BF 222). Feyissa filed an exception to the cost statement, arguing in
part that the charges were unreasonable because the court reporter firm the Bar hired
charged above-market rates. Resp’t’s Exception to Am. Cost Statement (BF 224). In
reply, the Bar argued that the firm did not charge above-market rates. Feyissa’s
attorney filed a declaration in response to the Bar’s reply, making additional
arguments about why the Bar’s interpretation of the firm’s invoices was wrong.
Decl. of Anne Seidel (July 28, 2025) (BF 227). (There is no provision in the ELCs
for such a reply declaration, but the Board chair considered it anyway.)
After considering all this information, the chair assessed $33,984.88 in court
reporter charges against Feyissa. In re Feyissa, Pub. File No. 20#00053 (Bd. Chair
Ord. Aug. 1, 2025) (BF 229). In the order, the chair noted that Feyissa had not
77 In re Feyissa (Shakespear N.), No. 202272-3
submitted a declaration from a certified court reporter stating that the rates were
unreasonable. Id.
Feyissa argues that this ruling was an abuse of discretion because no such
declaration is required. Appellant’s Opening Br. at 111. He is correct that no such
declaration is required. But we do not read the chair’s order as stating any such
requirement. Instead, the chair considered all the evidence submitted by the parties,
determined that the court reporter costs incurred by the Bar were reasonable and
necessary, and exercised her discretion to award those costs. That was not an abuse
of discretion.
CONCLUSION
The record does not support Feyissa’s claim that he is entitled to a new hearing
on the ground of racial bias or any other kind of bias. The majority of the findings
of fact are supported by substantial evidence, and those findings support the
conclusions of law and the recommended sanction of disbarment. Any errors in the
findings of fact are harmless. The HO’s sanction analysis was also sound.
We therefore accept the Board’s unanimous recommendation and order
Feyissa disbarred.
78 In re Feyissa (Shakespear N.), No. 202272-3
WE CONCUR:
Melody, J.
0DGVHQ-37
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In re Disciplinary Proc. Against Feyissa, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-proc-against-feyissa-wash-2026.