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Thomas D. Dinwiddie (WSBA No. 6790 admitted 1976), of Tacoma, received a censure following a stipulation approved by the Disciplinary Board on May 8, 2002. This discipline is based upon his failure to avoid a conflict of interest in a criminal representation in 2000.
In December 2000, Mr. Dinwiddie agreed to represent two criminal co-defendants in a burglary-and-assault matter. Mr. Dinwiddie met with each defendant and explored whether they would blame each other, determining that the two co-defendants would not be adverse to each other. Mr. Dinwiddie also engaged a private investigator to interview the co-defendants and issue a report to Mr. Dinwiddie regarding a possible conflict of interest. The investigator reported no conflict in representing both defendants. Mr. Dinwiddie then obtained a written waiver of conflict from each of the co-defendants. The extent of Mr. Dinwiddie’s disclosure regarding the conflicts prior to obtaining his clients’ signatures on the waivers was disputed.
At the December 14 hearing, the prosecutor objected to the joint representation, because one defendant had a criminal record and the other did not. A Pierce County Superior Court judge disqualified Mr. Dinwiddie from further representation of either defendant. Over the next weekend Mr. Dinwiddie worked on an emergency appeal of his disqualification. On Monday, December 18, 2000, both defendants notified Mr. Dinwiddie that they would seek separate counsel and asked that he refund their fees. Mr. Dinwiddie refunded each client $1,100 from the $5,000 paid. The statement sent to the clients included 19.5 hours spent on the disqualification appeal and $422 paid to the private investigator.
Mr. Dinwiddie’s conduct violated RPCs 1.4(b), requiring lawyers to explain matters to the extent necessary for clients to make an informed decision; 1.7, prohibiting lawyers from representing two clients with adverse interests, unless the clients waive the conflict in writing after full disclosure; and 1.5, requiring lawyers’ fees to be reasonable.
Nancy Miller represented the Bar Association. Kurt Bulmer represented Mr. Dinwiddie.
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