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Frederick H. Merrill (WSBA No. 21088, admitted 1991), of Everett, has been censured pursuant to a stipulation approved by the Disciplinary Board on November 17, 2000. This discipline is based on his placing misleading advertisements during 1997 and 1998.
Matter 1: Mr. Merrill graduated from law school in May 1990 and was sworn into practice in November 1991. Prior to being admitted to the Bar, Mr. Merrill held several positions in the criminal justice system, including juvenile and adult counselor, prison guard, parole officer and community corrections officer. In these positions, Mr. Merrill had extensive contact with courts and testified in many proceedings.
In 1997, Mr. Merrill’s yellow pages advertisement stated "17 years’ court experience." His 1998 advertisement claimed "over 20 years’ court experience." In 1997, Mr. Merrill had been practicing law for six years. Originally, Mr. Merrill drafted his ad to include his prison and probation experience. Another lawyer told Mr. Merrill that the ad was too complicated and suggested that he only include the number of years of law practice. Mr. Merrill believed that the statements were true, combining his years as a lawyer with his prior experience, and did not intend to mislead the public. When the Bar Association contacted Mr. Merrill, he immediately asked the yellow page advertisers to delete the misleading language.
Matter 2: In October 1997, Mr. Merrill agreed to represent a client charged with child molestation. The client found Mr. Merrill through the yellow pages, and relied on the statement that he had 17 years’ court experience. Following a jury trial, the court convicted the client. Mr. Merrill declined to represent the client on appeal or in a motion for a new trial, and subsequently a public defender was appointed to represent the client. This new lawyer discovered that Mr. Merrill was admitted in 1991 and discussed this with the client. The client indicated that he would not have retained Mr. Merrill if he had not believed that he had been a lawyer for 17 years. The court denied the client’s motion for a new trial, and his appeal.
In October 1997, Mr. Merrill agreed to represent a second client who had also been charged with child molestation. The client’s civil lawyer recommended several criminal lawyers, but none were available to take the case. The client saw Mr. Merrill’s yellow pages ad and contacted him, assuming that Mr. Merrill had been practicing law for 17 years. Mr. Merrill charged the client a $12,000 nonrefundable fee.
In March 1998, based on Mr. Merrill’s recommendation, the client pleaded guilty as charged and enrolled in the Sexual Offender Special Sentencing Alternative program. During this time, Mr. Merrill’s clients met in jail. The second client learned from the first that Mr. Merrill was licensed to practice law in 1991. The second client stated that he would not have retained Mr. Merrill had he known Mr. Merrill had not practiced law for 17 years.
Mr Merrill’s conduct violated RPCs 7.1(a), prohibiting lawyer communications about their services from containing misrepresented facts or omitted facts necessary to prevent the statements considered as a whole from being materially misleading; and 7.1(b), prohibiting lawyer communications about their services from containing statements likely to create an unjustified expectation about results the lawyer can achieve.
Leslie Allen represented the Bar Association. Kurt Bulmer represented Mr. Merrill.
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