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Philip W. Sanford (WSBA No. 18593, admitted 1989), of Seattle, was ordered to receive two reprimands following approval of a stipulation by the chief hearing officer on August 23, 2011. This discipline was based on conduct involving failure to comply with a discovery request in a pretrial procedure and assault.
On May 26, 2007, Mr. Sanford was involved in a physical altercation with a man on a trail bicycle path. He was convicted of fourth-degree assault (RCW 9A.36.041)and sentenced to 365 days in jail (suspended), community service, and to attend an anger management program.
In 2008–2009, Mr. Sanford represented a defendant in an admiralty action arising from an on-the-job injury. Prior to discovery, Mr. Sanford requested that the client’s claims adjuster send him the file on the employee’s claim. During discovery, the plaintiff requested the claims adjuster’s complete file, which was produced, minus various privileged documents and a privilege log listing those documents. Some information that was relevant to the plaintiff ’s claim was missing from the claims adjuster’s file. Although Mr. Sanford made no inquiry with the claims adjuster about whether the entire file was submitted, both he and the defendant certified that the responses to the plaintiff ’s discovery request were complete. The existence of the missing documents was discovered during trial. After trial, pursuant to the plaintiff ’s motion for
discovery sanctions, the trial court found that Mr. Sanford recklessly violated CR 26(g)by failing to make a reasonable inquiry before certifying the answers to discovery. Mr. Sanford was ordered to pay sanctions of $5,000, which he has paid.
Mr. Sanford’s conduct violated RPC 3.4(d), prohibiting a lawyer, in pretrial procedure, from failing to make a reasonably diligent effort to comply with a legally proper discovery request by an opposing party; and RPC 8.4(i), prohibiting a lawyer from committing any unjustified act of assault or other act which reflects disregard for the rule of law, whether the same be committed in the course of his or her conduct as a lawyer, or otherwise.
Joanne S. Abelson represented the Bar Association. Stephen C. Smith represented Mr. Sanford. |