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Larry J. Landry (WSBA No. 16792, admitted 1987), of Seattle, was ordered to receive a reprimand following approval of a stipulation by the chief hearing officer on May 17, 2011. This discipline was based on conduct involving a conflict of interest and conduct prejudicial to the administration of justice.
A client hired Mr. Landry in a personal injury action in 2004. Mr. Landry filed a complaint within the three-year statute of limitations but failed to serve it on a named defendant within 90 days. The court granted defense’s motion to dismiss based in part on Mr. Landry’s failure to timely name and serve the proper party.
In May 2008, the client from that action filed a grievance with the Bar Association alleging that Mr. Landry failed to communicate with him adequately. The client also stated that Mr. Landry told him that Mr. Landry had mishandled the case. On July 3, 2008, the client withdrew his grievance, stating that he and Mr. Landry had resolved the misunderstanding. Neither Mr. Landry nor the client advised the Bar Association that the withdrawal of the grievance arose from a confidential settlement agreement signed on July 3, 2008. The client was not represented by counsel when negotiating the settlement and Mr. Landry did not advise him in writing to seek counsel. Under the terms of the settlement, Mr. Landry paid the client $15,000 in exchange for a full release of all claims arising from his handling of the case. The settlement agreement required the client to withdraw his Bar grievance. In June 2010, the client filed a second grievance related to the personal injury action. In response, Mr. Landry disclosed that after the personal injury action was dismissed, he paid the client from his own funds to resolve the matter.
Mr. Landry’s conduct violated RPC 1.8(h)(2), prohibiting a lawyer from making an agreement prospectively limiting the lawyer’s liability to a client for malpractice unless permitted by law and the client is independently represented in making the agreement; and RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.
Joanne S. Abelson represented the Bar Association. Joseph J. Ganz represented Mr. Landry. |