| Description: |
Louis A. Ferreira (WSBA No. 20646, admitted 1991), of Vancouver, received a censure pursuant to a stipulation approved by the Disciplinary Board on April 13, 2001. This discipline is based on Mr. Ferreira’s failure to avoid conflicts of interest and failure to keep his clients informed of all settlement offers in 1996 and 1997.
In 1993, Mr. and Mrs. G and Mr. L purchased neighboring undeveloped lots in Seattle. The developers and the engineering consultant allegedly told the Gs and Mr. L that their lots did not contain fill; however, both lots contained fill, which increased the construction costs. Both the Gs and Mr. L also had problems with the builders.
In June 1996, the Gs retained Mr. Ferreira to represent them in claims against the developers, consultants and builders. Mr. Ferreira filed two lawsuits for the Gs in summer 1996. He also met with Mr. L and added him as a plaintiff in the lawsuits. There was a dispute between Mr. L and Mr. Ferreira about whether Mr. L had a claim against the consultant. Mr. Ferreira also agreed to represent Mr. B, another neighbor, who had a claim only against the developers. Mr. G told Mr. Ferreira that Mr. G would pay Mr. Ferreira’s bill and collect a contribution from his neighbors Mr. L. and Mr. B. Mr. Ferreira did not obtain a written waiver of conflict of interest from any of these clients. He also did not discuss with them how any proceeds would be disbursed or divided.
In December 1996, Mr. Ferreira obtained a default judgment against the builder. The builder stopped doing business and the clients did not recover any damages. In November 1997, the builder agreed to settle the claims by tendering the amount remaining on its bond. Mr. Ferreira prepared a stipulation that paid the entire bond proceed, $2,751.15, to the Gs. Mr. L received a copy of the stipulation and did not indicate that he disagreed. During this time, Mr. L was periodically incapacitated for health reasons; however, Mr. Ferreira did not know about the incapacity.
On December 15, 1997, the court exonerated the bond and Mr. Ferreira disbursed the proceeds to the Gs without notifying Mr. L that he had received the funds.
Mr. Ferriera’s conduct violated RPCs 1.7(b), prohibiting representing clients whose interests conflict; 1.8(g), prohibiting lawyers from making an aggregate settlement without involving all clients in the settlement; and 1.2(a), requiring lawyers to abide by clients’ decisions whether to accept a settlement offer.
Jonathan Burke represented the Bar Association. Mark Fucile represented Mr. Ferriera.
|