DISBARMENT
On February 1, 2005, the Honorable G. Rand Beacham, Fifth Judicial District Court, entered Findings of Fact, Conclusions of Law, Ruling and Order of Disbarment against Roy L. Bischoff disbarring Mr. Bischoff from the practice of law for violation of Rules 1.1 (Competence), 1.2(a) (Scope of Representation), 1.3 (Diligence), 1.4(a) (Communication), 1.5(a) (Fees), 1.5(b) (Fees), 1.15(b) (Safekeeping Property), 1.16(d) (Declining or Terminating Representation), 3.2 (Expediting Litigation), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4 (a), (c), and (d) (Misconduct) of the Rules of Professional Conduct.
In summary:
Mr. Bischoff was retained to represent a client in a bankruptcy matter. The client paid a fee to Mr. Bischoff. Mr. Bischoff did not file the necessary documents with the court and the case was dismissed. In the meantime, Mr. Bischoff had moved out of state and did not inform the client of his new address. The client located Mr. Bischoff and Mr. Bischoff promised to return the client’s retainer fee and file. Mr. Bischoff did not return the client’s property. In a second matter, Mr. Bischoff was retained to represent a client in an immigration matter. The client paid Mr. Bischoff a filing and retainer fee. Mr. Bischoff moved out of state. The client located Mr. Bischoff and requested proof of filing the immigration petition. In order to appease the client, Mr. Bischoff produced a fabricated letter to the client alleging it was from the former Immigration and Naturalization Service (“INS”) (now U.S. Citizenship and Immigration Service). The client made inquiries with the INS and was told there was no record of the application. The client thereafter attempted to contact Mr. Bischoff without success. In a third matter, Mr. Bischoff was retained in debt collection matters. Despite attempts to contact Mr. Bischoff, Mr. Bischoff did not keep his clients reasonably informed of the progress of the cases. In a fourth matter, Mr. Bischoff was retained to represent a client in a lease agreement dispute. The client paid Mr. Bischoff a retainer fee and Mr. Bischoff had the client sign an agreement stating part of the fee was non-refundable. Mr. Bischoff prepared a bill and one letter for the client to review. Two months later, Mr. Bischoff moved out of state. The client attempted to contact Mr. Bischoff without success. Mr. Bischoff did not return the client’s unearned retainer or file. In a fifth matter, Mr. Bischoff represented a client to establish visitation rights. The client paid Mr. Bischoff a retainer fee. Mr. Bischoff told the client that he had filed a foreign judgment in court, but the clients never received a copy of any documents. The last communication from Mr. Bischoff was a bill, which the client paid. No visitation was ever established. The Office of Professional Conduct (“OPC”) sent Mr. Bischoff Notices of Informal Complaint in all five cases requesting that Mr. Bischoff respond in writing. Mr. Bischoff failed to respond to the OPC’s lawful demands for information.
Aggravating factors include: dishonest or selfish motive; pattern of misconduct; multiple offenses; obstruction of disciplinary proceedings; refusal to acknowledge the wrongful nature of the misconduct involved; vulnerability of victim; lack of timely effort to make restitution in good faith; and illegal conduct.