On Monday, May 1, 2023, attorney Frank Shigaihisa Homsher filed his resignation from the Washington State Bar Association after alleged misconduct involving timber trespass, nuisance, and intentional infliction of emotional distress. 

The case is entitled “In the Matter of Frank Shigaihisa Homsher, with case no. 23#00025. 

The charges cited Washington Rules of Professional Conduct 1.16(d), 1.2(a), 1.3,  1.4, 1.6(a)  3.2, 3.4, 5.3(b), 8.4, 8.4(c) and  8.4(d) which states:

Failing to communicate with a client regarding company status and failing to  give subsequent advice; and by providing misinformation to a client;

Providing false information about work done results in misrepresentation.

Deciding on behalf of the company without prior consultation with the latter and pursuing the claims against the client’s decision.

Failing to respond to opposing counsel’s requests and failing to deliver reasonable service.

Failing to notify the client of deadlines and discovery requests.

Failing to respond promptly to settlement offers.

Failing to assist the client in handling timely discovery responses.

By offering a refund and statements for possible settlement or withdrawal of the case against the respondent.

Failing to appear in hearings; and

Failing to withdraw from the guardianship matter.

The Rules of Professional Conduct can be found here. (Cite the Rules)

Make a summary of the allegations

The Rules of Professional Conduct can be found here.

Mr. Homsher had sought resignation in lieu of discipline under Rule 9.3 of the Washington Supreme Court’s Rules for Enforcement of Lawyer Conduct (ELC). In his resignation form, Homsher claimed that he is aware of the alleged misconduct and that his resignation is voluntary and permanent. And in act to rectify his actions, Mr. Homsher further agreed to pay restitution and other additional costs.

The allegations against Homsher include several instances of negligence and failure to communicate with clients. One notable case involves Homsher’s representation of a client in a property damages complaint. It is alleged that Homsher failed to respond to discovery requests, did not inform the client about a settlement offer, and agreed to dismiss certain claims without Butters’ consent. These actions led to the filing of motions for summary judgment by the defendants, resulting in the dismissal of the client’s claims. 

The respondent acknowledges that his resignation is permanent and that any future application for reinstatement will be treated as an application by a disbarred individual.  The resignation will become effective upon endorsement by Disciplinary Counsel and filing with the Clerk. Once effective, Homsher will be subject to all restrictions that apply to a disbarred lawyer and will be required to fulfill the same duties as a disbarred lawyer under the rules of the WSBA.

Homsher further agrees that after his resignation becomes effective, it is permanent. He will never be eligible to apply and will not be considered for admission or reinstatement to the practice of law nor will he be eligible for admission for any limited practice of law.

The resignation states:

“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 of law nor will I be eligible for admission to any limited practice of law. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.”

Mr. Frank Shigaisa Homsher attended the University of Cincinnati College of Law, graduating in 1996. He practices in Lynnwood, Washington. He is licensed in Washington. His info can be found on avvo.com.

A copy of the original filing can be found here