The State Bar filed two Formal Complaints against Respondent James William Quinlan alleging violations of Standards 4 lawyer shall not engage in professional conduct involving dishonesty, fraud, deceit or wilful misrepresentation; 25 a lawyer shall not practice in a jurisdiction in violation of the regulations of the profession in that jurisdiction; and 44 lawyer shall not without just cause to the detriment of his client wilfully abandon or wilfully disregard a legal matter entrusted to him of Bar Rule 4-102 d. Quinlan answered the complaint in the first case and participated in an evidentiary hearing held before the special master. In the second case, Quinlan failed to respond despite having been personally served with the complaint and, accordingly, the facts alleged and violations charged in that complaint are deemed admitted, see Bar Rule 4-212. In the first case the special master filed his report on August 24, 2000,1 recommending an eight to twelve-month suspension from the practice of law and in the second case he filed a report on October 10, 2000 recommending imposition of an 18-month suspension from practice. We have combined the two cases and agree that Quinlan should be suspended, but conclude that Quinlan should be suspended for a period of three years.
In Case No. S01Y0127, the facts underlying the Formal Complaint are that a client whose home was the subject of a foreclosure scheduled for August 4, 1998, made an appointment with Quinlan, who engaged in a high-volume bankruptcy practice in which he was the only full-time attorney. The client completed forms and met with Quinlan on July 27, 1998, at which time Quinlan discussed the Chapter 13 bankruptcy process and assured the client that the bankruptcy petition would be filed and foreclosure would not take place. The forms given the client included one emphasizing the $60.00 filing fee, which she paid to Quinlan’s office in cash on July 31, The client’s fee was placed in her file. On the morning of August 4, 1998, the client called Quinlan’s office and discussed the fact that the foreclosure was scheduled for that day. She again was assured the foreclosure would not take place. No bankruptcy petition of any kind was filed by Quinlan on behalf of his client either prior to the foreclosure or thereafter. As a result of Quinlan’s failure to file the bankruptcy petition, the client’s home was foreclosed upon and her car repossessed. On December 2, 1998, Quinlan sent the client a check for $60.00 with the notation, “Full satisfaction and accord of any claim,” written on the back of the check. Quinlan placed such condition upon the negotiation of the check against the advice of counsel and for the purpose of avoiding liability to the client.
