EDMONDS — An Edmonds lawyer chose to resign from the state bar instead of fighting allegations that he failed to communicate with two clients, leading to the messy dismissal of their civil cases.
“I am aware of the alleged misconduct stated in Disciplinary Counsel’s statement, but rather than defend the allegations, I wish to permanently resign from membership of the Association,” Frank Homsher wrote in his resignation letter.
Homsher, who practiced law for 25 years, agreed to refund the clients $5,000, court documents say.
In February 2021, Homsher began representing a woman in a guardianship case for her elderly father, court papers say. The woman reportedly paid Homsher a flat fee of $3,500.
Homsher filed emergency paperwork that would give his client custody of her elderly father, who lived with dementia. Both Homsher and the client failed to appear at court hearings, in violation of the state’s rules of professional conduct requiring “reasonable diligence,” according to a statement of misconduct filed with the state bar’s disciplinary board.
In August 2021, Homsher filed to dismiss that petition saying the client no longer wished to pursue the matter, according to the complaint. However, he did not properly withdraw from the guardian ad litem part of the case.
In January 2022, Homsher filed a property damage complaint for another client, who claimed her neighbors instructed EcoTree, a tree removal service, to cut down the trees in her yard despite her opposition.
Homsher had 30 days to respond to discovery requests filed the next month. Homsher informed his client he would respond to the requests — but the client alleged Homsher did not update her on the case when she asked, and he would repeatedly miss meetings.
In May 2022, EcoTree served Homsher a settlement offer, but he never informed the client, the disciplinary documents say. A month later, Homsher reportedly signed dismissal orders in Snohomish County Superior Court, without informing his client.
When the client found out, she requested a $2,736.94 refund from Homsher and informed him she would be filing a bar grievance. Homsher reportedly told her “it is illegal to threaten an attorney with reporting to the bar” and told her he would contact police, according to the bar grievance.
(Ethical concerns about attorneys can always be directed to the state bar at caa@wsba.org.)
Homsher tried to persuade the client to not file the bar grievance multiple times, claiming he would pay her the refund amount if she withdrew her complaint, the court papers allege. Homsher told the client she “tried to extort money from me by threatening to file a complaint with the bar,” court papers say.
Homsher’s resignation became official Thursday. His listing in the state bar directory says he had a solo practice under the name Law Office of Frank S. Homsher. A reporter’s phone call to the office Friday went to voicemail.
Homsher agreed to pay restitution of $2,000 for the first client and $2,736.94 for the second.
Maya Tizon: 425-339-3434; maya.tizon@heraldnet.com; Twitter: @mayatizon.
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