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Anthony Rocco Castelda (WSBA No. 28937, admitted 1999), of Tonasket, was reprimanded following approval of a stipulation by the hearing officer on January 27, 2011. This discipline is based on conduct involving conflicts of interest.
Mr. Castelda represented plaintiffs A, B and C in an action to force the partition of property jointly owned with D. After D agreed to partition his interest in the property from that of the plaintiffs, and while Mr. Castelda was attorney of record for all three of the plaintiffs, Mr. Castelda began to represent the interests of A and B against the interests of C in an effort to further partition the property. When C objected to his representation of A and B against her in partitioning the property, Mr. Castelda advised C that if she did not agree to partition the property under the terms offered by A and B, then he would file a partition lawsuit on A and B's behalf to force partition of the property. Mr. Castelda neglected to obtain informed consent in writing from any of the plaintiffs to represent A and B against C. Mr. Castelda failed to withdraw from representing any of the plaintiffs until C told him that she would file a grievance against him.
Mr. Castelda’s conduct violated RPC 1.7, prohibiting a lawyer from representing a client if the representation involves a concurrent conflict of interest, unless each affected client gives informed consent, confirmed in writing.
Leslie C. Allen represented the Bar Association. Dustin D. Deissner represented Mr. Castelda. Erik S. Bakke, Sr. was the hearing officer. |