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James A. Gauthier (WSBA No. 15767, admitted 1986), of Kent, received a reprimand by order of a hearing officer on March 17, 2008. This discipline is based on conduct involving the production of documents containing false statements and the misrepresentation of the origin of documents produced in discovery.
In 2000, Mr. Gauthier represented a corporate client in a tortious interference lawsuit. The opposition made a discovery request for Mr. Gauthier’s client’s board of directors meeting minutes from 1997 to 2001. Mr. Gauthier’s client prepared and submitted to Mr. Gauthier meeting minutes that contained two untrue statements: that the meetings took place in Mr. Gauthier’s office and that Mr. Gauthier was present at each meeting. Had Mr. Gauthier read the meeting minutes before producing them, he would have known that they contained untrue statements. Mr. Gauthier was in a rush to deliver the responses to opposing counsel and did not read the contents of the meeting minutes provided by the client. Instead, Mr. Gauthier merely attached them to his answer and had them delivered to opposing counsel. When responding to the discovery request, Mr. Gauthier certified that he had read the responses, when in fact he had not read the documents attached and included in the responses.
In another lawsuit involving the same corporate client, opposing counsel served on Mr. Gauthier a discovery request for the production of his client’s bylaws and all amendments thereto. Mr. Gauthier had prepared amended bylaws for his client in 1999, but his client informed him that the original bylaws could not be found. Mr. Gauthier assisted his client in recreating the original bylaws from memory. In September 2002, Mr. Gauthier submitted the recreated bylaws to opposing counsel without disclosing that they were a recent recreation from memory and not the originals.
Mr. Gauthier’s conduct violated RPC 8.4(c), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct prejudicial to the administration of justice.
M. Craig Bray represented the Bar Association. Leland G. Ripley represented Mr. Gauthier. David A. Summers was the hearing officer. |