Dennis George Ott

401 N Pacific, PO Box 209, Kelso, WA 98626-0019

Overview

Dennis George Ott is a lawyer in Kelso licensed with Washington State Bar Association (WSBA). The license number is #12172. The practice address is 401 N Pacific, PO Box 209, Kelso, WA 98626-0019. The business phone number is (360) 577-6500. The license type is Lawyer. The license status is Resigned in Lieu of Disbarment. The admitted date is October 29, 1981.

WSBA Number12172
Full NameDennis George Ott
Last NameOtt
First NameDennis George
Address401 N Pacific
PO Box 209
Kelso
WA 98626-0019
Phone(360) 577-6500
Fax(360) 577-7719
License TypeLawyer
Admit Date1981-10-29
License StatusResigned in Lieu of Disbarment
Eligible To PracticeNo

Practice Information

Firm SizeNot Specified
Practice AreasNone Specified
Other Languages SpokenNone Specified
Disciplinary HistorySuspension (12/12/1997)
Reprimand (05/10/2002)
Resignation in Lieu of Disbarment (06/05/2009)

Disciplinary History

ActionEffective DateRPCDiscipline NoticeDiscipline Description
Resignation in Lieu of Disbarment6/5/20091.16 - Declining or Terminating Representation
1.3 - Diligence
1.4 - Communication
1.5 - Fees
3.3 - Candor Toward the Tribunal
3.4 - Fairness to Opposing Party and Counsel
5.3 - Responsibilities Regarding Nonlawyer Assistants
8.1 - Bar Admission Matters
8.4 (a) - Violate the RPCs
8.4 (b) - Criminal Act
8.4 (c) - Dishonesty, Fraud, Deceit or Misrepresentation
8.4 (d) - Conduct Prejudicial to the Administration of Justice
8.4 (l) - Violate ELCs
Dennis G. Ott (WSBA No. 12172, admitted 1981), of Kelso, resigned in lieu of disbarment, effective June 5, 2009. This resignation was based on his conduct in at least nine different matters involving failure to act with reasonable diligence, failure to communicate, charging unreasonable fees, failure to protect clients' interests, making false statements, destroying documents having potential evidentiary value, violating the rules of professional conduct, engaging in criminal acts, engaging in conduct prejudicial to the administration of justice, and violating duties imposed by the Rules for Enforcement of Lawyer Conduct.

Beginning as early as 1996 and continuing into 2007, Mr. Ott engaged in the following conduct:

• Mr. Ott directed his legal assistant to prepare a false declaration, and Mr. Ott drafted and filed a memorandum of law, stating that his office had never received a faxed document from opposing counsel in a support modification matter. His office had, in fact, received the faxed document.
• In a second matter, Mr. Ott instructed his legal assistant to shred a fax from opposing counsel after telling counsel that he had not received the fax.
• Mr. Ott billed a client for the preparation of a letter that did not exist. After the client questioned the existence of the letter and filed a grievance, Mr. Ott provided the Bar Association with a copy of a backdated letter and declaration that he directed his staff to prepare to conceal his wrongdoing.
• After failing to keep several appointments with a client in a probate matter, Mr. Ott avoided talking to the client by hiding in his office or slipping out the back door and instructed his staff to lie about his availability.
• In two family law matters, Mr. Ott failed to act diligently by doing no work on either matter. One of the two clients called Mr. Ott's office on several occasions, but he refused to take or return the client's phone calls.
• In a claim against an estate, Mr. Ott failed to communicate to his clients that a scheduled meeting was to be a settlement conference with opposing counsel. Based on Mr. Ott's advice, the clients decided to wait for a larger settlement offer. Later, during a Bar Association investigation, Mr. Ott denied that he suggested to the clients that they wait and instead stated that it was the clients who told him to "put things on hold." To support his position, Mr. Ott provided the Bar Association with a letter he fabricated and backdated.
• In the previous matter, Mr. Ott's failure to act diligently resulted in the dismissal of the clients' case. Mr. Ott neither informed the clients about the dismissal nor returned the phone messages left by the clients requesting case status updates. When Mr. Ott returned one of the clients' many messages, the clients requested that Mr. Ott return their client file; Mr. Ott failed to do so.
• In response to a Bar Association grievance filed by the clients in the previous matter, Mr. Ott provided the Bar Association with a letter he fabricated, purportedly informing the clients that the matter would be dismissed if no further action was taken.
• Mr. Ott failed to act diligently in a probate and guardianship matter involving three disabled adults. Over the course of two years, Mr. Ott failed to return the phone calls of the individual who was named in the will as the personal representative to decedent's estate and as the temporary guardian of the disabled adults.
• In a probate matter, Mr. Ott did not follow the clear directives of the decedent's will in the preparation of a discretionary trust for decedent's granddaughter.
• On several occasions, Mr. Ott had his legal assistants notarize documents when they did not witness the party signing the documents.

Mr. Ott's conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former RPC 1.4, requiring a lawyer to keep a client reasonably informed of the status of a matter, promptly comply with reasonable requests for information, and explain a matter to the extent necessary to permit the client to make informed decisions regarding the representation; former RPC 1.5(a), requiring a lawyer's fee to be reasonable; RPC 1.16(d), requiring a lawyer, upon termination of representation, to take steps to the extent reasonably practicable to protect a client's interests, such as surrendering papers and property to which the client is entitled; former RPC 3.3(a), prohibiting a lawyer from making a false statement of material fact or law to a tribunal; former RPC 3.4(a), prohibiting a lawyer from unlawfully obstructing another party's access to evidence or unlawfully altering, destroying, or concealing a document or other material having potential evidentiary value; RPC 3.4(b), prohibiting a lawyer from falsifying evidence; RPC 5.3(c), with respect to a non-lawyer employed or retained by or associated with a lawyer, a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; RPC 8.1, prohibiting a lawyer in connection with a disciplinary matter from knowingly making a false statement of material fact, failing to disclose a fact necessary to correct a misapprehension known by the person to have arisen in a matter, or knowingly failing to respond to a lawful demand for information from a disciplinary authority; RPC 8.4(a), prohibiting a lawyer from violating or attempting to violate the Rules of Professional Conduct; RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects (here, by violating RCW 9A.72.040 (false swearing)); RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; and RPC 8.4(l), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct in connection with a disciplinary matter.

Sachia Stonefeld Powell represented the Bar Association. Joseph J. Ganz represented Mr. Ott. Peter A. Matty was the hearing officer.
Resignation in Lieu of Disbarment2009-06-051.16 - Declining or Terminating Representation
1.3 - Diligence
1.4 - Communication
1.5 - Fees
3.3 - Candor Toward the Tribunal
3.4 - Fairness to Opposing Party and Counsel
5.3 - Responsibilities Regarding Nonlawyer Assistants
8.1 - Bar Admission Matters
8.4 (a) - Violate the RPCs
8.4 (b) - Criminal Act
8.4 (c) - Dishonesty, Fraud, Deceit or Misrepresentation
8.4 (d) - Conduct Prejudicial to the Administration of Justice
8.4 (l) - Violate ELCs
Dennis G. Ott (WSBA No. 12172, admitted 1981), of Kelso, resigned in lieu of disbarment, effective June 5, 2009. This resignation was based on his conduct in at least nine different matters involving failure to act with reasonable diligence, failure to communicate, charging unreasonable fees, failure to protect clients' interests, making false statements, destroying documents having potential evidentiary value, violating the rules of professional conduct, engaging in criminal acts, engaging in conduct prejudicial to the administration of justice, and violating duties imposed by the Rules for Enforcement of Lawyer Conduct.

Beginning as early as 1996 and continuing into 2007, Mr. Ott engaged in the following conduct:

• Mr. Ott directed his legal assistant to prepare a false declaration, and Mr. Ott drafted and filed a memorandum of law, stating that his office had never received a faxed document from opposing counsel in a support modification matter. His office had, in fact, received the faxed document.
• In a second matter, Mr. Ott instructed his legal assistant to shred a fax from opposing counsel after telling counsel that he had not received the fax.
• Mr. Ott billed a client for the preparation of a letter that did not exist. After the client questioned the existence of the letter and filed a grievance, Mr. Ott provided the Bar Association with a copy of a backdated letter and declaration that he directed his staff to prepare to conceal his wrongdoing.
• After failing to keep several appointments with a client in a probate matter, Mr. Ott avoided talking to the client by hiding in his office or slipping out the back door and instructed his staff to lie about his availability.
• In two family law matters, Mr. Ott failed to act diligently by doing no work on either matter. One of the two clients called Mr. Ott's office on several occasions, but he refused to take or return the client's phone calls.
• In a claim against an estate, Mr. Ott failed to communicate to his clients that a scheduled meeting was to be a settlement conference with opposing counsel. Based on Mr. Ott's advice, the clients decided to wait for a larger settlement offer. Later, during a Bar Association investigation, Mr. Ott denied that he suggested to the clients that they wait and instead stated that it was the clients who told him to "put things on hold." To support his position, Mr. Ott provided the Bar Association with a letter he fabricated and backdated.
• In the previous matter, Mr. Ott's failure to act diligently resulted in the dismissal of the clients' case. Mr. Ott neither informed the clients about the dismissal nor returned the phone messages left by the clients requesting case status updates. When Mr. Ott returned one of the clients' many messages, the clients requested that Mr. Ott return their client file; Mr. Ott failed to do so.
• In response to a Bar Association grievance filed by the clients in the previous matter, Mr. Ott provided the Bar Association with a letter he fabricated, purportedly informing the clients that the matter would be dismissed if no further action was taken.
• Mr. Ott failed to act diligently in a probate and guardianship matter involving three disabled adults. Over the course of two years, Mr. Ott failed to return the phone calls of the individual who was named in the will as the personal representative to decedent's estate and as the temporary guardian of the disabled adults.
• In a probate matter, Mr. Ott did not follow the clear directives of the decedent's will in the preparation of a discretionary trust for decedent's granddaughter.
• On several occasions, Mr. Ott had his legal assistants notarize documents when they did not witness the party signing the documents.

Mr. Ott's conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; former RPC 1.4, requiring a lawyer to keep a client reasonably informed of the status of a matter, promptly comply with reasonable requests for information, and explain a matter to the extent necessary to permit the client to make informed decisions regarding the representation; former RPC 1.5(a), requiring a lawyer's fee to be reasonable; RPC 1.16(d), requiring a lawyer, upon termination of representation, to take steps to the extent reasonably practicable to protect a client's interests, such as surrendering papers and property to which the client is entitled; former RPC 3.3(a), prohibiting a lawyer from making a false statement of material fact or law to a tribunal; former RPC 3.4(a), prohibiting a lawyer from unlawfully obstructing another party's access to evidence or unlawfully altering, destroying, or concealing a document or other material having potential evidentiary value; RPC 3.4(b), prohibiting a lawyer from falsifying evidence; RPC 5.3(c), with respect to a non-lawyer employed or retained by or associated with a lawyer, a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; RPC 8.1, prohibiting a lawyer in connection with a disciplinary matter from knowingly making a false statement of material fact, failing to disclose a fact necessary to correct a misapprehension known by the person to have arisen in a matter, or knowingly failing to respond to a lawful demand for information from a disciplinary authority; RPC 8.4(a), prohibiting a lawyer from violating or attempting to violate the Rules of Professional Conduct; RPC 8.4(b), prohibiting a lawyer from committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects (here, by violating RCW 9A.72.040 (false swearing)); RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; and RPC 8.4(l), prohibiting a lawyer from violating a duty or sanction imposed by or under the Rules for Enforcement of Lawyer Conduct in connection with a disciplinary matter.

Sachia Stonefeld Powell represented the Bar Association. Joseph J. Ganz represented Mr. Ott. Peter A. Matty was the hearing officer.
Suspension1997-12-121.14 - (prior to 9/1/2006) Preserving Identity of Funds and Property of a Client
4.1 - Truthfulness in Statements to Others
5.3 - Responsibilities Regarding Nonlawyer Assistants
8.4 (b) - Criminal Act
8.4 (c) - Dishonesty, Fraud, Deceit or Misrepresentation
8.4 (d) - Conduct Prejudicial to the Administration of Justice
Kelso lawyer Dennis G. Ott (WSBA No. 12172, admitted 1981) has been ordered suspended for 30 days by order of the Supreme Court effective December 12, 1997. The discipline is based upon Ott’s having failed to transfer fees he had earned out of the pooled client trust account in a timely way; his transferring funds, which belonged to the client, from client’s trust account as fees; his use of client funds to pay a $250 Civil Rule 11 sanction imposed against him; his altering and recording a previously executed community property agreement; and, his tape recording a client conference without the clients’ knowledge or consent.
Over the course of time, Ott was hired and paid by 12 clients to perform legal work. Money was collected from the clients for the legal work and deposited into the pooled client trust account. It remained there even after Ott completed the tasks and earned his fee for periods ranging from eight months (one count), nine months (five counts), 10 months (two counts), one year (one count), one year and seven months (one count), to six years and five months (one count). Ott’s failure to transfer earned fees in a timely fashion violated RPC 1.14(a) (failure to withdraw funds belonging to lawyer promptly from client trust account).
Ott was hired to probate an estate. Funds belonging to the estate were deposited into a client trust account. When the legal work was completed, Ott transferred his earned fees from the trust account, but then made a second transfer of funds. Within a month Ott discovered the second erroneous transfer and immediately returned the funds to the client’s account. Ott’s negligent transfer of client funds into his general account violated RPC 1.14(a) (withdrawing client funds from a client trust account).
Ott was hired by a client to defend the client in a boundary line dispute. After trial, Ott filed a motion requesting a continuance for the presentment of proposed findings of fact and conclusions of law. Hearing on his motion was set for a date on which Ott was unavailable, so an associate appeared instead. At the hearing, the judge denied the motion, ruled that Ott was deliberately trying to delay the proceedings, and imposed a $250 Civil Rule 11 sanction against Ott personally. Although the associate did not clearly indicate to Ott that the sanction was imposed personally against Ott, the written court order was specific that the sanction was imposed against Ott. Instead of using his own funds, Ott issued a check for the $250 from his client’s trust funds, without the client’s consent, to pay the sanction, which violated RPC 1.14(a) (withdrawing client funds from a client trust account).
Ott prepared a community property agreement for clients who executed it in March 1990. The husband died in April 1994, and the wife died in May 1994. The couple’s heirs hired Ott to probate the estate. During the course of the probate, Ott directed a member of his staff to prepare a new first page for the community property agreement, which deleted a paragraph, and substitute the new page for the original page. After the alteration, Ott recorded, or caused to be recorded, the altered agreement in the county auditor’s office. By directing his employee to alter the community property agreement, Ott violated RPC 5.3(c)(1) (a lawyer is responsible for conduct of a nonlawyer employee that would be a violation of RPCs if engaged in by the lawyer) and RPC 8.4(c) (dishonest conduct). By recording, or causing to be recorded, the altered community property agreement, Ott violated RPC 4.1(a) (knowingly making a false statement) and RPC 8.4(d) (conduct prejudicial to the administration of justice).
Without the clients’ knowledge or permission, Ott made a tape recording of his conference with the clients. Ott’s making such a recording was contrary to RCW 9.73.030, which violated RPC 8.4(b) (committing a criminal act that adversely reflects on a lawyer’s honesty), and also violated RPC 8.4(c) (dishonest conduct).
The hearing officer was C. Bradley Chinn of Spokane. Ott was represented by Leland Ripley. The Bar Association was represented by Disciplinary Counsel Christopher Sutton and Joanne Abelson.
Reprimand2002-05-101.2 - Scope of Representation
1.3 - Diligence
1.4 - Communication
Dennis G. Ott (WSBA No. 12172, admitted 1981), of Kelso, received a reprimand on May 10, 2002, based on a stipulation approved by the Disciplinary Board in January 2002. This discipline is based on his failure to abide by a client’s decisions, failure to act with reasonable diligence, and failure to keep clients reasonably informed about the status of their matters from 1999 to 2000.

The Fs hired Mr. Ott on April 22, 1999 to initiate a nonjudicial foreclosure sale on real property in Pacific County. The clients instructed Mr. Ott to proceed with the sale immediately. On April 23, Mr. Ott sent the buyers a letter informing them that the Fs had retained him to initiate a foreclosure of their interests on the property. Mr. Ott did not cause a notice of default to be issued and posted on the property until June 10. Mr. Ott executed a notice of trustee sale on July 14, and set the date of the trustee’s sale for October 14. The notice was legally deficient because Mr. Ott had not been appointed successor trustee of the deed of trust and he set the sale in Cowlitz County, though no part of the property is in that county.

On August 26, the buyers filed bankruptcy, Mr. Ott received notice, and the bankruptcy court set the meeting of creditors for October 6, 1999. The Fs did not learn of the bankruptcy proceeding until October 8, when they called Mr. Ott’s office and spoke to his secretary. On the same day, they wrote Mr. Ott a letter shortly after inquiring about the bankruptcy. Mr. Ott did not respond to either the call or the letter. Although Mr. Ott was notified, he did not attend the meeting. Mr. Ott did not advise the Fs that through the bankruptcy they might have a right to the money the buyers collected as rent and/or to the personal property the buyers removed from the property.

On December 20, 1999, Mr. Ott obtained a second notice of resignation and appointment of successor trustee, but he failed to record the notice. Even though Mr. Ott lacked the statutory authority to act, he initiated a second foreclosure proceeding on December 28 by mailing and serving a second notice of default on the buyers. By letters dated January 10 and 28, 2000, Mr. Ott erroneously informed the Fs that the notice of resignation and appointment of successor trustee was in effect and the foreclosure was progressing on schedule.

On January 28, Mr. Ott signed and processed a second notice of trustee sale. The notice contained a typographical error setting the trustee’s sale for Sunday rather than Friday as required by RCW 61.24.040. The notice of trustee sale was deficient because Mr. Ott failed to follow the time requirements in the statute and failed to publish the notice in a newspaper. In April, Mr. Ott billed the Fs $1,320 in additional attorney’s fees. Mr. Ott voluntarily refunded the original retainer and wrote off the additional bill.

Mr. Ott’s conduct violated RPCs 1.2, requiring lawyers to abide by clients’ decisions concerning the objectives of representation; 1.3, requiring lawyers to act with reasonable diligence and promptness in representing clients; and 1.4, requiring lawyers to keep clients reasonably informed about the status of their matters and promptly comply with any reasonable requests for information.

William D. Robison and Anthony Butler represented the Bar Association. Leland G. Ripley represented Mr. Ott.

Company Information

Location Information

Street Address 401 N Pacific
PO Box 209
CityKelso
StateWA
Zip Code98626-0019
CountryUnited States

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James P. Billberg PO Box 779, Kelso, WA 98626-00671950-08-25Deceased
Ronald Huntington PO Box 147, Kelso, WA 98626-00131956-09-25Deceased
Douglas Emry Jensen Cowlitz Co Prosecuting Atty - Civil Div312 SW 1st Ave, Kelso, WA 98626-17241990-11-15Active
Alysa Sue Draper-Dehart Cowlitz County Prosecuting Attorney312 SW 1st Ave Rm 105, Kelso, WA 98626-17242023-07-18Active
Kevin Gravelet Blondin 312 SW First Ave, Kelso, WA 986261999-10-21Judicial
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Haley Jaskula Cowlitz County Prosecuting Attorney312 SW 1st Ave Rm 105, Kelso, WA 98626-17242024-02-16Active
Robert W. Huffhines Jr PO Box 957, Kelso, WA 98626-00881980-10-28Disability Inactive
Jess Edgar Minium Jr PO Box 120, Kelso, WA 98626-00091965-04-05Voluntarily Resigned
Kaycee Ann Looney 312 SW 1st Ave, Kelso, WA 986262015-10-01Active
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