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Marja M. Starczewski (WSBA No. 26111, admitted 1996) of Wenatchee, was ordered to receive a reprimand on May 19, 2010, following approval of a stipulation by a hearing officer. This discipline is based on conduct involving filing frivolous allegations without a good-faith basis.
Ms. Starczewski represented a lawyer in litigation against attorneys F and J. Her client represented patients in civil actions against a physician convicted of rape and sexual abuse against several of his patients. The physician had a twin brother, also a doctor. The twin brother filed a defamation suit against Ms. Starczewski’s client because of statements her client made to news outlets about the twin impersonating his brother to sexually assault his brother’s patients. Attorneys F and J represented the twin brother. In September 2005, the defamation case was dismissed on Ms. Starczewski’s client’s summary judgment motion.
On January 23, 2006, Ms. Starczewski, on behalf of her client, filed a complaint in superior court alleging Attorney F and his law firm engaged in malicious civil prosecution by filing and pursuing the defamation action against him. Two days later, Ms. Starczewski filed an amended complaint adding malicious civil prosecution and abuse of process claim against Attorney J and his firm. In March 2006, Ms. Starczewski filed a Second Amended Complaint adding Attorney J’s lawyer as a defendant, stating he was also involved in the malicious prosecution against her client. The Second Amended Complaint also alleged the defendants “assisted and conspired with the [two brothers], and others, to help destroy, hide and secrete. . . relevant evidence” and used the twin brother as a “front” client for an unnamed entity. These claims were frivolous and were made without a basis in law or in fact.
In May 2006, the defendants moved to dismiss under CR 12(b)(6) or for summary judgment. The court dismissed all claims against the defendants in June 2006. In July 2006, Attorney J filed a motion for sanctions under CR11. The court found the allegations in the Second Amended Complaint were baseless and not well grounded in fact, and were advanced without any reasonable or competent inquiry. The court assessed sanctions of $5,000 against Ms. Starczewski and her client jointly and ordered Ms. Starczewski and her client to pay $11,037 to Attorney J.
Ms. Starczewski’s conduct violated RPC 3.1, prohibiting a lawyer from bringing or defending a proceeding, or asserting or controverting an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification, or reversal of existing law; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct prejudicial to the administration of law.
Francesca D’Angelo represented the Bar Association. Ms. Starczewski represented herself. Andrekita Silva was the hearing officer. |