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Seattle lawyer Wade R. Dann (WSBA NO. 7552, admitted 1973) has been ordered reprimanded by the Disciplinary Board, after a hearing held August 7-9, 1996, for his conduct in recording and allowing a third person to listen in on a telephone conversation with an opposing lawyer without that lawyer’s knowledge or consent.
Dann represented a surety and a prime contractor regarding construction at an Air Force base. He later represented the prime’s subcontractor. The opposing party was the Army Corps of Engineers.
On July 11, 1991, Dann telephoned the lawyer for the Corps of Engineers. Through a conference call feature on his telephone, Dann had the representative of the subcontractor (who was not yet a client) listening in on the call. Dann also recorded the call. Dann did not tell the opposing lawyer that Dann’s client was listening in or that Dann was recording the call. Dann did not have the lawyer’s permission for either. During the telephone call, Dann stated to the opposing lawyer, "I’ve got to call [the sub-contractor’s representative] as soon as we hang up . . . ."
Dann had the tape recording transcribed and gave it to another party in the matter without the recorded lawyer’s knowledge or permission. The recorded lawyer found out about the recording from the other party.
By surreptitiously allowing the client to listen in on the telephone conversation with the opposing lawyer, Dann violated RPC 8.4(c), which provides that "[i]t is professional misconduct for a lawyer to . . . engage in conduct involving dishonesty, fraud, deceit or misrepresentation[.]" Also by surreptitiously recording that telephone conversation, Dann violated Rule 8.4(c).
Disciplinary Counsel David Cluxton and Lisa Crawford represented the Association. Kurt Bulmer represented Dann.
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