Facts: Petitioner Richard Shepard was suspended from the practice of law for two years following a hearing before the Washington State Bar Association’s disciplinary board, which found that Shepard, in partnering with an estate planner to sell living trusts to seniors, had failed to adequately explain the risks and benefits of living trusts to his clients, failed to disclose conflicts of interest, and failed to make reasonable efforts to ensure that the conduct of his partner was compatible with the professional obligations of a lawyer. Shepard subsequently appealed the disciplinary board’s sanction, asserting that a two year suspension was disproportionate to the violations committed.

Question(s): Did Shepard engage in a pattern of neglect that caused his clients serious injury and thus merit a two year suspension from the practice of law?

Conclusion: Justice Chambers’ opinion for the Court concluded that the sanction imposed upon Shepard was appropriate given that Shepard’s misconduct was not isolated but rather occurred over the course of two years and did cause serious or potentially serious harm to his clients insofar as he collected fees in exchange for little or no legal work and allowed his partner to defraud his clients. Thus, the Court affirmed the disciplinary board’s decision.

Docket No. 720-1

Petitioner: Richard Shepard

(Counsel: Brett Andrews Purzer)

Respondent: Washington State Bar Association

(Counsel: Kevin M. Bank)

Argument: Thursday, May 6, 2010 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, September 9th, 2010

Prevailing Party: Washington State Bar Association (Respondent)

Vote: 8-1

Citation: Pending

Court: Madsen1 Court (2010-)

Madsen

Johnson

Alexander

Sanders

Chambers

Owens

Fairhurst

Johnson

Stephens