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In re Disciplinary Matter Involving Hanlon4/15/2005
No. 5887
I. INTRODUCTION
The Alaska Bar Association Disciplinary Board recommended suspending James J. Hanlon for three years for misconduct that included knowingly providing misleading information to a client and bar investigators and failing to diligently pursue client matters. He appeals the severity of the penalty, arguing that his cooperation with the disciplinary committee and the effect of the suspension on his practice and family are mitigating factors that, when combined with other mitigating factors, favor a less severe penalty. We hold that Hanlon's cooperation with the disciplinary committee and the negative effects of the suspension do not mitigate his misconduct and suspend Hanlon from the practice of law for three years.
II. FACTS AND PROCEEDINGS
A. Facts
1. The Martin Matter
In 1995 Hanlon handled a divorce case for Keith Martin, who filed a grievance against Hanlon, claiming that his representation had been inadequate. The bar determined that this grievance was unfounded. In response to Martin's grievance, Hanlon sent him a consent form that would have allowed Hanlon to withdraw his representation of Martin, but Martin did not sign the form. Hanlon did not move to withdraw from representation and remained Martin's counsel of record, but did no further work on the case. Hanlon later realized that he had failed to file certain paperwork related to Martin's case, including proposed findings of fact and conclusions of law, a proposed divorce decree, and a proposed child support order. Martin's divorce therefore remained unfinalized, unbeknownst to Martin, who then remarried several months later. Martin did not discover that he remained married to his first wife until sometime in 1996, when he attempted to sell a car. Martin was forced to obtain a divorce nunc pro tunc.
2. The Rednall Matter
Joanne Rednall was a state employee who was injured on the job . She hired Hanlon to file a claim on her behalf in 1993. In 1996 Rednall filed a grievance against Hanlon, asserting that he had neglected her claim and failed to respond to her inquiries regarding the case. After the Alaska Bar Association contacted Hanlon regarding this matter, he sent a letter on July 12, 1996, stating: "I believe that Ms. Rednall's claims against me may be largely resolved in the settlement of her claim. I am waiting for her to return the release in exchange for a settlement amount that she agreed to."
On July 26, 1996, Hanlon apparently convinced Rednall to sign and notarize a "Compromise and Release" of all of her claims for the lump sum of $1,600.00. This purported agreement stated that
Ms. Rednall specifically acknowledges that she has been informed of her right to secure the assistance of counsel, by James J. Hanlon, who has fully informed her of her rights and represented Ms. Rednall's interests in negotiation of this agreement as stated above. Ms. Rednall's counsel agrees that this compromise and release agreement is a fair and equitable settlement of this claim.
Neither Hanlon nor the opposing party or its counsel signed the purported agreement.
On October 24, 1996, in response to a further inquiry made by the bar several weeks earlier, Hanlon wrote another letter in response. He noted Rednall's complaints, and offered a "chronology" of Rednall's claim. Hanlon claimed that it "took some time" to locate the nurse who allegedly gave Rednall the wrong vaccine, and that she admitted to fault but was judgment-proof. Hanlon conceded that "I did not pursue Ms. Rednall's claim with all the vigor that I should have, did not always keep her informed of the status
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