MATTER OF DISCIPLINARY PROCEEDING AGAINST ANSHCHELL, 09756-9.

• Decision Date: 14 September 2000
• Docket Number: No. 09756-9.,09756-9.
• Citation: 141 Wash.2d 593,9 P.3d 193,94 Haw. 17
• Parties: In the Matter of the DISCIPLINARY PROCEEDING AGAINST Grosvenor ANSCHELL, an Attorney at Law.
• Court: Washington Supreme Court

9 P.3d 193

141 Wash.2d 593

94 Haw. 17

In the Matter of the DISCIPLINARY PROCEEDING AGAINST Grosvenor ANSCHELL, an Attorney at Law.

No. 09756-9.

Supreme Court of Washington, En Banc.

Argued May 23, 2000.

Decided September 14, 2000.

Grosvenor Anschell, Bellevue, for Petitioner.

Douglas J. Ende, Seattle, for Respondent.

MADSEN, J.

Immigration attorney Grosvenor Anschell appeals the determination of the Disciplinary Board of the Washington State Bar Association (Disciplinary Board or Board) that he be suspended from the practice of law for two years for various violations of the Rules of Professional Conduct (RPC) arising out of his neglect of client matters. We affirm.

FACTS

The facts in this case are undisputed. Anschell was admitted to the practice of law in Washington on March 8, 1954, in New York State in 1956, and in Alberta, Canada in 1964. Anschell is currently 70 years old. In 1971, he was disbarred from the Law Society of Alberta for trust account violations, and on August 20, 1976, New York indefinitely suspended his license as reciprocal discipline for the Alberta disbarment. On May 3, 1976, while on inactive status from the practice of law in Washington, Anschell was suspended for nonpayment of his bar dues. Anschell was subsequently reinstated in all three jurisdictions: in Alberta on September 24, 1981; in New York on March 30, 1982; and in Washington on October 15, 1982.

Since his readmittance to the Washington State Bar (Bar) Anschell has conducted a high volume, low fee immigration practice in Bellevue, Washington.¹ Anschell has at most times been a sole practitioner. Anschell carries approximately 200 open cases at any given time, reviews 10 files per day, and receives 30 telephone calls per day.

A. Individual Grievances

I. Abouzied Grievance

In April of 1992, Fayez Abouzied consulted Anschell. On October 28, 1992, he paid Anschell $430 to submit citizenship applications so he, his wife, and children could become naturalized citizens of the United States. Mr. Abouzied and his wife were both engineers. Mr. Abouzied and the couple's two children were Canadian citizens, while Mrs. Abouzied was an Egyptian citizen. Both Mr. and Mrs. Abouzied had been permanent residents of the United States for several years at the time of their first contact with Anschell.

Mr. and Mrs. Abouzied each completed an individual application for naturalization, dated October 27, 1992, which Anschell was to submit to the Immigration and Naturalization Service (INS) on their behalf. Between December 1992 and September 1994, Mr. Abouzied periodically contacted Anschell to inquire about the status of the family's naturalization applications, to which he was assured by Anschell that the applications had been filed and that there was no cause for worry. Anschell never inquired with the INS regarding the status of the applications, and as it turns out the INS did not have them.

In August 1994, the Abouzieds hired new counsel, Paul Choquette, who promptly requested that Anschell send him an affidavit declaring that the Abouzieds' naturalization applications had been filed with the INS. Anschell promised to send the affidavit by August 26, 1994, but it was not provided until September 1, 1994. In the affidavit, Anschell claims to have filed the naturalization applications.

The processing of the Abouzieds' naturalization applications was delayed over two and a half years by Anschell's failure to file the applications in October of 1992. This delay harmed the Abouzieds financially and emotionally. They filed suit against Anschell for legal malpractice. On November 7, 1996, an order of default was entered in their favor after Anschell filed a notice of appearance but otherwise failed to answer or plead. The total judgment was for $68,483.63.

2. Murray-Wijelath Grievance

On October 5, 1994, Jacqueline Murray-Wijelath hired Anschell to apply for a change of visa status for herself and her daughter, both of whom were British citizens. Ms. Murray-Wijelath, who is a research scientist with a Ph.D. in biochemistry, required a change in her status from temporary professional worker to visitor/tourist. Her current status was set to expire on October 10, 1994, and she desired a change in status while looking for employment. Ms. Murray-Wijelath's daughter, Lorre, sought an adjustment in her status to become a permanent resident. Anschell failed to submit to INS the change of status application for Ms. Murray-Wijelath's daughter, Lorre, whose visa was set to expire in October 1995. Anschell was paid a $475 retainer fee for this service and was also given a $100 filing fee.

Ms. Murray-Wijelath paid Anschell $200 in legal fees and a $75 filing fee to handle her change in status, and she gave him a copy of her INS form I-797, relating to the commencement and expiration of her visa status. Anschell did not file Ms. Murray-Wijelath's application until October 25, 1994, after her legal status had expired. Anschell also failed to comply with an INS request that he submit her form I-797 by April 26, 1995. As a result, on May 12, 1995, the INS issued a decision denying her application due to abandonment. The INS decision denying Ms. Murray-Wijelath's application indicated that she had the option to file a motion to reopen within 30 days of the decision, or submit a new application and fee. Anschell did not advise Ms. Murray-Wijelath of the INS decision or her options, nor did he take any other action after receiving the decision.

Ms. Murray-Wijelath found employment as a research scientist with the Hope Heart Institute, and without being aware of her loss of legal status, on April 8, 1995 (prior to the INS decision) she once again retained Anschell. This time she wanted to change her status from what she thought it was, visitor/tourist, back to temporary professional worker. She also sought approval of her prevailing wage request from the Employment Security Department, so that she could obtain a work permit. Respondent did not inform her she had lost her legal status or file any of the necessary paperwork for her April 8, 1995 request.

On November 20, 1995, Ms. Murray-Wijelath wrote Anschell inquiring about the status of her application, but received no response. On January 5, 1996, she contacted Anschell once again, but received no response. On February 23, 1996, Ms. Murray-Wijelath's employer, Dr. Woods (Chief Executive Officer of the Hope Heart Institute) wrote to Anschell requesting the completion date of Ms. Murray-Wijelath's change of status application because she needed to have a work permit for her by March 1, 1996. Anschell did not reply to Dr. Woods.

In mid-March 1996, the Employment Security Department informed Ms. Murray-Wijelath that Anschell had not submitted her prevailing wage request to their office. On March 26, 1996, she informed Anschell that she had hired a new attorney, Rich Rossan, and requested that all papers relating to the filing of the INS applications for her and her daughter be sent to him. The requested information was never sent. Ultimately Anschell withdrew from this case and returned the unearned retainer paid for Ms. Murray-Wijelath's daughter's application in November 1996.

On May 6, 1996, Mr. Rossan filed the change of status application and submitted the prevailing wage request for INS approval. On June, 3, 1996, the INS approved Ms. Murray-Wijelath's prevailing wage request and issued a work permit. However, on this same date the INS also denied the change of status applications for both Ms. Murray-Wijelath and her daughter because they were both "out of legal status." Clerk's Papers (CP) at 96. As a result of this denial, Ms. Murray-Wijelath and her daughter had to return to London, England, for approximately three weeks and reapply from there to legally reenter and successfully remain in the United States.

3. Ponzini Grievance

On April 7, 1995, Anthony and Christel Stach Ponzini retained Anschell to represent Mrs. Ponzini in her application for permanent resident status. Mrs. Ponzini was a German citizen and Mr. Ponzini was a United States citizen. Anschell was also retained to obtain an American passport for Mrs. Ponzini's daughter, Sinah Stach, a United States citizen who had been living in Germany.

In late April of 1995, the Ponzinis provided all the documentation requested by Anschell, including prior divorce decrees, original passports, and birth certificates. Mr. Ponzini wrote two checks for payment of the matter, both of which were given to Anschell. One was for $190 and was payment of Anschell's fee and the other was a $210 check made out to the INS to cover the filing fee.

All the necessary forms were signed and completed by the Ponzinis, and this paperwork was given to Anschell. Anschell told the Ponzinis it would take approximately three to four months to obtain an appointment with the INS. After approximately three months, Mr. Ponzini began calling Anschell to check on the status of his case. Mr. Ponzini left several messages, which were not returned, but on the occasions when he was able to get Anschell on the phone he was assured by Anschell that "he had filed [the] application." Verbatim Report of Proceedings vol. I (Washington State Bar Ass'n Disciplinary Bd.) at 61.

In October of 1995, Mr. Ponzini contacted Anschell and requested proof that Mrs. Ponzini's application had been filed. Anschell promised to fax the documentation, but never did. On November 26, 1995, Mr. Ponzini sent Anschell a certified letter giving him until December 1, 1995 to send either proof that the INS application had been filed or to refund his money and the completed immigration packet. Anschell did not respond, nor has he ever refunded the legal fees paid by the Ponzinis.

In fact, Anschell did not file the application with the INS and had misplaced Mrs. Ponzini and Sinah Stach's files. He is also unable to locate Sinah Stach's original German passport and Mrs. Ponzini's original medical...