THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) of the Washington Supreme Court Rules for Enforcement of Lawyer Conduct. Active links to directory listings, RPC definitions, and documents related to the disciplinary matter can be found at the links below or by looking up the respondent in the legal directory on the WSBA website (www.wsba.org) and then scrolling down to “Discipline History.”
As some WSBA members share the same or similar names, please read all disciplinary notices carefully for names, cities, and bar numbers.
Find prior Discipline & Other Regulatory Notices here.
Disbarred
Nicholas A. Fay (WSBA No. 47603, admitted 2014) of Bellingham, was disbarred, effective 1/25/2023, by order of the Washington Supreme Court. Fay’s conduct violated the following Rules of Professional Conduct: 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 1.15A (Safeguarding Property), 1.16 (Declining or Terminating Representation), 3.2 (Expediting Litigation), 8.1 (Bar Admission and Disciplinary Matters), 8.4(c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(l) ELC Violation.
In relation to his representation of client A in a property dispute, and client B in a landlord-tenant dispute, the hearing officer recommended, and the Supreme Court ordered, that Fay be disbarred following a hearing. Fay was found to have violated the Rules of Professional Conduct by: 1) failing to keep client A reasonably informed about the status of their case and by failing to promptly comply with client A’s reasonable requests for information; 2) failing to act with reasonable diligence in representing client A and in handling their case; 3) by charging and collecting an unreasonable fee of more than $18,000 from client A; 4) by failing to respond to client A’s grievance; 5) failing to promptly provide client B an accounting of their funds upon client B’s request; 6) failing to respond to requests to explain IOLTA account overdrafts, failing to appear for a deposition, and failing to produce documents in response to a subpoena; 7) writing and depositing checks totaling $17,000 made out to Fay, without sufficient funds to meet those checks; and 8) failing to communicate with client A and client B, failing to provide a way for clients to obtain information about their legal matters, and by failing to maintain professional channels of communication by which Fay could be located or corresponded with by clients and others (such as the WSBA and process servers), Fay abandoned his practice without providing for his clients’ needs.
Erica Temple acted as disciplinary counsel. Nicholas A. Fay represented himself. Joseph M. Mano, Jr. was the hearing officer. The online version of Washington State Bar News contains links to the following documents: Hearing Officer’s Recommendation; Disciplinary Board Order Declining Sua Sponte Review and Adopting Hearing Officer’s Recommendation; and Washington Supreme Court Order.
Suspended
Mark John Holady (WSBA No. 19662, admitted 1990) of Beaverton, OR, was suspended for 30 days, effective 11/17/2022, by order of the Washington Supreme Court imposing reciprocal discipline in accordance with an order of the Supreme Court of the State of Oregon. For more information, see https://www.osbar.org/members/membersearch_display.asp?b=900682&s=1. Henry Cruz acted as disciplinary counsel. Mark John Holady represented himself. The online version of Washington State Bar News contains a link to the following document: The Washington Supreme Court Order.
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Tarik Polovina (WSBA No. 52816, admitted 2017) of Everett, was suspended for 2 years, effective 1/25/2023, by order of the Washington Supreme Court. The lawyer’s conduct violated the following Rules of Professional Conduct: 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 3.2 (Expediting Litigation), 8.4(c) (Dishonesty, Fraud, Deceit or Misrepresentation), 8.4(l) ELC Violation.
In relation to his representation of a client in a family law matter, the Hearing Officer recommended, and the Supreme Court ordered, that Polovina be suspended following a hearing. Polovina was found to have violated the Rules of Professional Conduct by: 1) failing to respond to the State’s pleadings in a parentage matter or to the State’s requests for information, by failing to appear at a summary judgment hearing, and by failing to file a motion for an emergency hearing; 2) failing to communicate with his client regarding the status of a parentage matter, by failing to inform his client about the State’s pleadings, the State’s requests for information, and the summary judgment hearing in the parentage matter, and by providing false information to his client about the reason for the court’s child support order; 3) providing false information to his client’s new counsel; 4) falsely communicating to his client about the services Polovina performed and the hours billed; 5) charging his client a fee for work not performed; and 6) failing to respond to ODC’s request for a response to the grievance, and by failing to attend the deposition, as required by ELC 5.3(g) and ELC 5.5(d).
Henry Cruz acted as disciplinary counsel. Tarik Polovina represented himself. James D. Hicks was the hearing officer. The online version of Washington State Bar News contains links to the following documents: Hearing Officer’s Recommendation; Disciplinary Board Order Declining Sua Sponte Review and Adopting Hearing Officer’s Recommendation; and Washington Supreme Court Order.
Reprimanded
Ari Rothman Goldstein (WSBA No. 45993, admitted 2013) of Vancouver, was reprimanded, effective 1/18/2023, by order of the Chief Hearing Officer. Goldstein’s conduct violated the following Rules of Professional Conduct: 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 1.15A (Safeguarding Property), 1.16 (Declining or Terminating Representation), 3.2 (Expediting Litigation).
In relation to his representation of a client in a criminal law matter, Goldstein stipulated to reprimand for: 1) failing to deposit advance fees into a trust account when Goldstein did not have a fee agreement meeting the requirements of RPC 1.5(f)(2); 2) failing to appear at the case scheduling hearing prior to the court granting Goldstein’s motion to withdraw in a criminal proceeding; 3) failing to ensure the motion to withdraw was promptly filed while the client remained detained; 4) failing to reasonably communicate with the client regarding the scope of the representation in three court matters and by failing to provide the client the requested final financial accounting; and 5) failing to promptly refund unearned fees after the termination of representation.
Henry Cruz acted as disciplinary counsel. Ari Rothman Goldstein represented himself. The online version of Washington State Bar News contains links to the following documents: Order Approving Stipulation; Stipulation to Reprimand; and Notice of Reprimand.
Interim Suspension
Ralph David Pittle (WSBA No. 1194, admitted 1971) of Seattle, is suspended from the practice of law in the State of Washington pending the outcome of supplemental proceedings, effective 1/25/2023, by order of the Washington Supreme Court. This is not a disciplinary sanction.
Notice of Hearing on Petition For Reinstatement of Jeffrey Flint Renshaw
A petition for reinstatement after disbarment has been filed by Jeffrey Flint Renshaw (WSBA No. 31124), who was admitted in 2001 and disbarred in 2013. A hearing on Renshaw’s petition will be conducted before the Character and Fitness Board on Friday, June 23, 2023. Anyone wishing to do so may file with the Character and Fitness Board a written statement for or against reinstatement, setting forth factual matters showing that the petition does or does not meet the requirements of Washington State Supreme Court Admission and Practice Rule (APR) 25.5(a). Except by the Character and Fitness Board’s leave, no person other than the petitioner or petitioner’s counsel shall be heard orally by the Board.
Communications to the Character and Fitness Board should be sent to Lisa Amatangel, Counsel to the Character and Fitness Board, Washington State Bar Association, at lisaa@wsba.org. This notice is published pursuant to APR 25.4(a).