Robert Charles Brungardt

PO Box 638, Shelton, WA 98584-0638

Overview

Robert Charles Brungardt is a lawyer in Shelton licensed with Washington State Bar Association (WSBA). The license number is #8214. The practice address is PO Box 638, Shelton, WA 98584-0638. The business phone number is (360) 426-1218. The license type is Lawyer. The license status is Active. The admitted date is May 31, 1978.

WSBA Number8214
Full NameRobert Charles Brungardt
Last NameBrungardt
First NameRobert Charles
AddressPO Box 638
Shelton
WA 98584-0638
Phone(360) 426-1218
Fax(360) 427-1173
License TypeLawyer
Admit Date1978-05-31
License StatusActive
Eligible To PracticeYes

Practice Information

Firm SizeSolo practice
Practice AreasBankruptcy, Criminal
Other Languages SpokenNone Specified
Private PracticeYes
Has InsuranceNo
Disciplinary HistoryReprimand (08/02/2005)
Suspension (02/20/2008)
Censure (10/20/1992)
Censure (05/21/1986)

Disciplinary History

ActionEffective DateRPCDiscipline NoticeDiscipline Description
Censure5/21/1986Mr. Brungardt was ordered to receive a letter of censure, effective May 21, 1986.
Censure1992-10-20Mr. Brungardt was ordered to receive a letter of censure on October 20, 1992.
Censure1986-05-21Mr. Brungardt was ordered to receive a letter of censure, effective May 21, 1986.
Reprimand2005-08-021.15 - (prior to 9/1/2006) Declining or Terminating Representation
1.3 - Diligence
Robert C. Brungardt (WSBA No. 8214, admitted 1978), of Shelton, was ordered to receive a reprimand on August 2, 2005, following a stipulation approved by a hearing officer. This order is based on his conduct in 2003 and 2004 involving lack of diligence and improper withdrawal from representation.

In March 2001, Mr. Brungardt was hired to commence a lawsuit on behalf of a client who had been involved in an automobile accident on March 10, 2001. The client and Mr. Brungardt met and signed a fee agreement. In August 2003, Mr. Brungardt served a complaint on the allegedly at-fault party. Shortly thereafter, Mr. Brungardt and the other party's insurer reached an agreement that the complaint would not be filed without 30 days' notice, and Mr. Brungardt sent the insurer a demand package. In February 2004, about two weeks before expiration of the statute of limitations, Mr. Brungardt told his client that he was terminating the representation. The client contacted several other lawyers. These lawyers declined to take the case because the statute of limitations would soon expire. On March 1, 2004, the client picked up her file from Mr. Brungardt's office. On March 3, 2004, one week before the statute of limitations was to expire, Mr. Brungardt filed the complaint. Because Mr. Brungardt had not served the complaint within 90 days of filing it, or filed the complaint within 90 days of serving it, Mr. Brungardt failed to commence the action and thereby toll the statute of limitations.

In March 2004, another lawyer agreed to take the client's case and spoke with Mr. Brungardt by telephone. Mr. Brungardt told the new lawyer that he had made a demand on the opposing party's insurer. The file that the client had picked up from Mr. Brungardt's office did not contain a copy of the demand letter. During the telephone conversation, the new lawyer asked Mr. Brungardt for a copy of the demand letter. Mr. Brungardt did not respond to that request. The new lawyer sent two written requests to Mr. Brungardt for a copy of the demand letter, for any response received, and for notes that Mr. Brungardt might have taken. Mr. Brungardt did not reply to either of the written requests, nor did he respond to multiple telephone calls made by the new lawyer's legal assistant asking about the documents that had been requested. The new lawyer subsequently settled the case on behalf of the client.

Mr. Brungardt's conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; and RPC 1.15, governing the circumstances in which a lawyer may withdraw from representation, and requiring a lawyer to take reasonable steps to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned.

Scott G. Busby represented the Bar Association. Mark J. Fucile represented Mr. Brungardt. Kimberly A. Boyce was the hearing officer.
Suspension2008-02-208.4 (b) - Criminal ActRobert C. Brungardt (WSBA No. 8214, admitted 1978), of Shelton, was suspended for 30 days, effective February 20, 2008, by order of the Washington State Supreme Court following approval of a stipulation. This discipline was based on conduct involving failure to timely report and pay workers’ compensation premiums.

In June 2004, Mr. Brungardt discovered that his bookkeeper (a long-time employee and relative) had embezzled approximately $50,000 from his operating account. Mr. Brungardt fired the bookkeeper, but did not report the theft to the authorities because she was a member of his family. The embezzlement severely impacted Mr. Brungardt’s personal and business life. As a result, he decided to retire and close his practice. Mr. Brungardt did not know how to do payroll for his law office. He asked his secretary/legal assistant (secretary) if she could do his payroll, but she declined since she had no training in bookkeeping or accounting. Instead of hiring a temporary bookkeeper to do his payroll, Mr. Brungardt asked his secretary if he could pay her in cash for the few months it would take him to close his practice. His secretary had been working for him on a full-time basis since the late 1990s. She agreed, because she thought it would be for a short time and knew that Mr. Brungardt had been severely impacted by his bookkeeper’s embezzlement. Mr. Brungardt did not close his practice and did not pay the Department of Labor and Industries (L&I) any workers’ compensation premium for the second quarter of 2004 through the third quarter of 2006.

In 2006, L&I received an anonymous tip that Mr. Brungardt had been paying three employees in cash for the past two years. L&I audited Mr. Brungardt for the time period October 1, 2003, through September 20, 2006, and concluded that he had employed seven persons during that time. Because of the lack of documentation, L&I estimated Mr. Brungardt’s unreported workers’ compensation premiums. Three of the persons identified by L&I as Mr. Brungardt’s employees were relatives. In order to arrive at the number of hours they had been employed by him, L&I divided Mr. Brungardt’s gross payments to them by an average hourly wage. Mr. Brungardt denies that the relatives were his employees. Instead, he states that he gave them money for other reasons.

The other four persons identified as employees by L&I had been paid in cash or by check drawn on Mr. Brungardt’s operating account. As Mr. Brungardt kept no records, L&I assumed that each person was a full-time employee, employed at a rate of 520 hours per quarter. Two of the employees were JG and his wife. In addition to his own law practice, JG shared space with and worked as a contract lawyer for Mr. Brungardt. JG’s wife assisted JG with his law practice. She occasionally filled in as Mr. Brungardt’s receptionist and did some bookkeeping for Mr. Brungardt’s firm. Mr. Brungardt treated JG as an independent contractor, and did not believe he owed workers’ compensation premiums for the work JG did in his office. Mr. Brungardt has since been informed by the L&I auditor that JG was deemed his employee, among other reasons, because JG provided services for Mr. Brungardt at Mr. Brungardt’s office and did not obtain his own business license until June 2005.

Mr. Brungardt employed his secretary as a salaried, and later hourly, employee during the audited period. She left his employ in August 2006. Mr. Brungardt also employed an individual in 2003, at a time when he had a bookkeeper and was reporting and paying workers’ compensation premiums to L&I. Mr. Brungardt asserts that the auditor orally told his office that he owed $1,158.23 in overdue workers’ compensation premiums, which he paid by check in December 2006. Mr. Brungardt admits the check was returned for insufficient funds. In January 2007, L&I sent Mr. Brungardt a legal notice that it was assessing him $2,871.94, plus $1,400 penalty for failure to keep records. Mr. Brungardt agreed that he owed L&I $1,158.23 for past due workers’ compensation premiums, but believed that the balance of L&I’s assessment was unjustified. In May 2007, to resolve the issue, Mr. Brungardt paid L&I the entire assessment.

Mr. Brungardt’s conduct violated RPC 8.4(b), prohibiting a lawyer from committing a criminal act (here, violating RCW 50.36.020) that reflects adversely on the lawyer’s honest, trustworthiness, or fitness as a lawyer in other respects.

Leslie C. Allen represented the Bar Association. Mr. Brungardt represented himself.

Company Information

Location Information

Street Address PO Box 638
CityShelton
StateWA
Zip Code98584-0638
CountryUnited States

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Janis L Snoey 4771 E State Rte 3, Shelton, WA 985842003-11-13Inactive
Daniel Lee Goodell Mason County Superior CourtPO Box X, Shelton, WA 98584-00781984-11-13Judicial
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Robert Lee Snyder Jr PO Box 396, Shelton, WA 98584-03961949-08-31Deceased
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