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Floyd Edwin Ivey (WSBA No. 6888, admitted 1976) of Kennewick, resigned in lieu of discipline, effective 2/07/2022. Ivey agrees that he is aware of the alleged misconduct in disciplinary counsel’s Statement of Alleged Misconduct and rather than defend against the allegations, wishes to permanently resign from membership in the Association. The Statement of Alleged Misconduct reflects the following violations of the Rules of Professional Conduct: 1.8 (Conflict of Interest: Current Clients: Specific Rules), 1.15A (Safeguarding Property), 3.1 (Meritorious Claims and Contentions), 4.4 (Respect for Rights of Third Person), 8.4(a) (Attempt, Assists or Induce), 8.4(d) (Prejudicial to the Admin of Justice), 8.4(j) (Violate a Court Order).
Ivey’s alleged misconduct, as stated in disciplinary counsel’s Statement of Alleged Misconduct, related to his representation of a client in a product licensing litigation matter. Ivey’s alleged misconduct includes: 1) bringing proceedings and/or asserting or controverting issues without a basis in law and fact for doing so that was not frivolous; 2) filing appeals and motions that had no substantial purpose other than to embarrass, delay, or burden a third person; 3) directing the manufacturer to refuse to transfer the product molds to the opposing party in violation of a court order; 4) entering into a business transaction with clients without obtaining informed consent, without advising the clients of the desirability of seeking independent legal advice, and without giving the clients a reasonable opportunity to obtain such advice; 5) commingling personal funds with client funds in a client trust account; and 6) using funds in a client trust account to pay expenses unrelated to the representation.
Francisco Rodriguez acted as disciplinary counsel. Floyd Edwin Ivey represented himself. The online version of Washington State Bar News contains a link to the following document: Resignation Form of Floyd Edwin Ivey (ELC 9.3(b)).
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