| Description: |
Dieter G. Struzyna (WSBA No. 12422, admitted
1982), of Bellevue, was ordered to receive
a reprimand by the Disciplinary Board following
approval of a stipulation on November
29, 2011. This discipline is based on conduct
involving conflicts of interest.
In June 2002, Mr. Struzyna loaned $100,000
to a corporation that later became an LLC. In
October 2002, Mr. Struzyna agreed to a joint
representation of the LLC and Mr. and Mrs.
A with regard to anticipated investments by
both clients in a real estate joint venture.
Accordingly, Mr. Struzyna provided the LLC
and Mr. and Mrs. A with a letter setting forth
certain limitations to such a joint representation,
as well as certain potential conflicts of
interest between them. Mr. and Mrs. A and the
LLC agreed to the joint representation. Mr.
Struzyna did not disclose to Mr. and Mrs. A the
fact of his outstanding loan to the LLC or that
he had a potential conflict of interest based
on the existence of that loan. Mr. Struzyna
also failed to adequately disclose to Mr. and
Mrs. A the risks and implications of the joint
representation.
Mr. Struzyna’s conduct violated RPC 1.7(a),
prohibiting a lawyer from representing a client
if the representation involves a concurrent
conflict of interest and a concurrent conflict
of interest exists if the representation of one
client will be directly adverse to another
client or there is a significant risk that the
representation of one or more clients will be
materially limited by the lawyer’s responsibilities
to another client, a former client or
a third person, or by a personal interest of
the lawyer; and RPC 1.7(b), allowing a lawyer
to represent a client, notwithstanding the
existence of a concurrent conflict of interest,
if the lawyer reasonably believes that
the lawyer will be able to provide competent
and diligent representation to each affected
client, the representation is not prohibited
by law, the representation does not involve
the assertion of a claim by one client against
another client represented by the lawyer
in the same litigation or other proceeding
before a tribunal, and each affected client
gives informed consent, confirmed in writing.
Christine E. Gray represented the Bar
Association. Peter Alan Offenbecher represented
Mr. Struzyna. |