BEFORE THE DISCIPLINARY BOARD OF THE WASHINGTON SUPREME COURT Proceeding No. t8 0 00 58 ODC File No(s). 17-01853, 17-01854, 17-01915 In re MICHAEL JOHN SIEFKES, Lawyer (Bar No. 31057). Resignation Form of Michael John Siefkes (ELC I. Michael John Siefkes, declare as follows: I. I am over the age of eighteen years and am competent. I make the statements in this declaration from personal knowledge. 2. I was admitted to practice law in the State of Washington on May 30, 2001 3. I have voluntarily decided to resign from the Washington State Bar Association (the Association) in Lieu of Discipline under Rule 9.3 of the Washington Supreme Court?s Rules for Enforcement of Lawyer Conduct (ELC). 4. Attached hereto as Exhibit A is Disciplinary Counsel?s statement of alleged misconduct for purposes of ELC 1 am aware of the alleged misconduct stated in OFFICE OF DISCIPLINARY COUNSEL Resignation Form of Michael John Sie?ces (ELC 9.303)} OF THE WASHINGTON STATE BAR ASSOCIATION Page i 1325 4''1 Avenue, Suite 600 Seattle. WA 93101-2539 {206) 727-3207 Disciplinary Counsel's statement, but rather than defend against the allegations, I wish to permanently resign from membership in the Association. 5. consent to entry of an order under ELC 13.9(e) assessing expenses of $1,500 in this matter. 6. I understand that my resignation is permanent and that any future application by me for reinstatement as a member of the Association is currently barred. If the Washington Supreme Court changes this rule or an application is otherwise permitted in the ?iture, it will be treated as an application by one who has been disbarred for ethical misconduct. If I ?le an application, 1 will not be entitled to a reconsideration or reexamination of the facts, complaints, allegations, or instances of alleged misconduct on which this resignation was based. I agree to notify all other states and jurisdictions in which I am admitted, of this resignation in lieu of discipline; seek to resign permanently from the practice of law in Kansas; and provide Disciplinary Counsel with copies of this noti?cation and any response(s). I acknowledge that this resignation could be treated as a disbarment by all other jurisdictions. 8. I agree to notify all other professional licensing agencies in any jurisdiction from which i have a professional license that is predicated on my admission to practice law of this resignation in lieu of discipline; seek to resign permanently from any such license; and (0) provide disciplinary counsel with copies of any of these noti?cations and any responses. 9. I agree that when applying for any employment, I will disclose the resignation in lieu of discipline in response to any question regarding disciplinary action or the status of my license to practice law. 10. I understand that my resignation becomes effective on Disciplinary Counsel?s OFFICE or 131 COUNSEL Resignation Form of Michael John Sielkes (ELC OF THE WASHINGTON STATE BAR ASSOCIATION Page 2 1325 Avenue, Suite soc Seattle, WA 93101-2539 (206) 727-3207 19 20 21 22 23 24 endorsement and filing ofthis document with the Clerk, and that under ELC 9.3(c) Disciplinary Counsel must do so following receipt ofthis document. 1 1. When my resignation becomes effective, I agree to be subject to all restrictions that apply to a disbarred lawyer. 12. Upon ?ling of my resignation. I agree to comply with the same duties as a disbarred lawyer under ELC 14.1 through ELC 14.4. 13. I understand that, after my resignation becomes effective, it is permanent. I will never be eligible to apply and will not be considered for admission or reinstatement to the practice oflaw nor will I be eligible for admission for any limited practice oflaw. 14. I certify under penalty of perjury under the laws of the St of Washington that the foregoing is true and correct. 614;? 1% Date and Place Michael John Sietkes, Bar No. 3 I 05? ENDORSED BY: Kalhy?jo Blake, Managing Disciplinary Counsel Bar No. 29235 OFFICE OF DISCIPLINARY COUNSEL Resignation Form of Michael John Siefkes (ELC 9.30?) OF THE WASHINGTON STATE BAR ASSOCIATION 1?ch 3 1325 Avenue, Suite 600 Seattle, WA 98101-2539 (206) 727-8207 BEFORE THE DISC1PLINARY BOARD 01" THE WASHINGTON SUPREME COURT In re Proceeding No. [54'06055 MICHAEL JOHN SIEFKES, ODC File No(s). 17-01353, 17411854, 17-01915 Lawyer (Bar No. 31057) STATEMENT OF ALLEGED MISCONDUCT UNDER ELC 9.3073(1) The following conslimtcs a Sulemcnt of Alleged Misconduct undcr R111: of me Washington Supreme Court's Rules for Enforcement of Lawyer Conducl (ELC) 1. TO mama 1. Respondenl Michael Jahn Siefkcs was admitted to the plastic: of law in Stale of Washinglon on May 30, 20011 n. ALLEGED FACTS --on or about January 5, 2009. 1 Respondent her mm in Augu512013. orncz or COUNSEL or THE WASHINGTON gm: an ASSOCIAHON 137.5 o" 51.11: 6110 Same. WA 911111.253; (106) 727412171 2. Respondmz began represent ShipmcmafAlleged Page 1 Througllom rhe time onhe represenmiion, -sufl'ered fiom derneniio 5. Respondenirepresemod iil srlesri March 13. 2015. -suf'fcrs from on aullslic disorder, denoiis of his frontal lobe and executive funsiion, and social phobia. 7. Allhough Respondonl was unswure of any spenific diagnosis - during the time that he represented him lold police in Februayy 1017 that he knew lhal suffered horn some rype of soeinl anxier/menul dimeulzies and assumed film he hid Asperger's 8. Respondenr was deposed hy disciplinary counsel on May 2, 2018. 9. When asked quesiions aboul -cognitive or sacial during lhe May 2, 2018 invoked his Amendment righls. 10, When asked if he ever took out a loan from a olienr or his May 2, 1013 deposirion, Respondenl lesfifled he had never taken out a loan from a clienl. 11. Respondenl's Ieslimony was nor inie. 12. On or about Sepiernher 21, 2009, Respondeni rook cut a loan {mm' -for $3,600. The loan was memorialized in a promissory nore prcpalcd by she Respondeni. 13.When wiih me promissory note at his May 2, 1018 deposiliun, Respondent claimed he did not remember taking am the loan. Respondent's testimony does no! aypur credible. 14 Respondenr did not ndvise in orihe dcsilability or seeking the advice of an independem lawyer. 15. Respondeni did not ohrsin wriuen informed conseni fim-n -ro rhe OFFICE or DISCIPLINARY COUNSEL smeinenl anl1=ged Mireondnei Fag: 0? THE EAR ASSOCIATION ms 4" News. Sun: 600 Sank, WA mum-1539 (206) 717.3207 easentiai terrns uflhe transaction end the lawyer's roie in the transaction, including whether the lawyer is representing the eiient in the transaction before entering um) this business lunsacn'on. 16. Respondent never repaid the $3,6001otn. 17. In 2009 .gified Respondent his 2007 Ford Explorzr 18. A: the time, the estimated vaiue thhe 2007 Ford Expiorer was $9,000. 19. A1111: May 2, 1018 deposition, Respondent denied that the Foni Expiarer was a gin and testified that the vehicle was It) him to compensate him for services rendered. Respondent's testimony does not appear oredibie, 20 Between January 2009 and September 3. 2013, Respondent received $125,109.50 in chem and/or cashier's checks from the BECU accuum of- which later became the joint BECU accounl 0- 21 Between January 11, 2011 and February 9, 2015, Respondenl received $55,600 in checks from the BECU accounl of- 22 On or about 14. 2012, - purchased a new vehiaie for Rspandent Acura for $31,003.00. 23. Somelime in 2013,- a new Toyota Tundra far Respondent. The Toyota Tundra cosl approximateiy $40,000.00. 24. an or about October 31. 2014, -pumhased a third new vehieie for Respondent from Rentan Honda. The purchase price, afler trading in the first new vehieie purchased iess than two years eariier, was $26,617] .70. 25 in response to two grievanees tried with the omoe of Disetpiinary Counsei Respondent claimed that all Ihe funds be received {mm- were for services rendarad. He also claimed that -never gave him gifts other than token Christmas and birthday presents. Statement amneped OFFICE or oiscwumnv COUNSEL PIE: 1 01: THE STATE am ASSOCIATION 135 4" Avenue. Suite 000 Seattle, WA 90101.25" (205) 727.1207 21113 deposition, Respondent testified that all the new vehicles purchased for him by -were payment for services rendered. Respondent's testimony does nut appear credlble. 27. Contrary to his deposition testimany, told a police detective and a forensic in February 1017mm James bought the new vehicles for him as gins 28. Respundcni did not perlorrn 1297.3 13.50 wonh of work for -- 29, Al the very most, ectuslly provided $206,575 in legal and/or other services to --, 30, claim in his written lo one (ha! -lever gum: him gifis other Iharl token Christmas and binhday presents was untme 31. On February 3, 2013, Respondent accepted a present in the form ofu mo check fro- 32. Respondent mulled et his Mey 2, 1013 deposition that the 5700 check, which issued lo him on his actual birthday and indicated "Happy on the memo line, not a birthday present. Respoudent testimony dun not appear credible. 33. In boll-1 his wrillen response to the grievances and during his deposition testimony, Respondent provrded false information to ODC that he only received token glfis from - 34. On or about March 24. 2015, Respondent executed a settlement agreement wilh -thnl purportedly settled all claims relating tn any money or property passed between the pnnics for my reasnn. 35, The settlement agreemenl, which - entered into pro se, resolved all his potential claims against respondent for only OFFICE or DOUNSEL or THE WASHINGTON STATE mm ASSOCIATION 1315 4' Avenue. suite <<117 Seattle. WA 93101725117 (206) 727-3101 surement pr Allegad me ALLEGED 36' By colleclillg cash snd/m- vehiclas Iomliug approximately 529731350 when at luosK Respondem provided services taming $206,575, Respondcm violated 5 and RFC 37. By taking a $3,600 loan from--ms without advising [1mm in "Tiling or use desirabilily of seeking the advice or an independent lawyer and without nlnaining wrinen illfonned from fllem with to the essential Imus ul'the transaction or his ml: in xlse tlansaclion, violated RFC 1m) 38 By false lnfornmlon In on: in response to a grievance. Respondull violated RFC 8.1[a] and RFC 8 DATED [his LEA/"day of ,2015, Jo BIake, Bar No. 23235 Managing Counsel arm: or DISCWUNARY COUNSEL nr Allen-u lsulnlum rays of THE WASNINGYON STATE BAR Assocmm I325 4" Avail". Sun: we Suaule. WA 9m 2539 (20.5) 72773201