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J. Marvin Benson (WSBA No. 9078, admitted 1979), of Vancouver, has been suspended for 60 days by order of the Supreme Court of Washington, effective February 16, 1999. The Supreme Court’s order of reciprocal discipline, pursuant to Rule for Lawyer Discipline (RLD) 12.6, is based on the Oregon Supreme Court’s October 15, 1998 order approving a stipulation to discipline.
Senior Financial Planning Service (SFP) sold revocable living trusts and other estate-planning documents and packages. The company used nonlawyer agents to meet with individual clients. SFP agents then gave the individual client information and the purchased forms to Mr. Benson. Mr. Benson drafted the purchased estate-planning documents. SFP paid Mr. Benson’s attorney’s fees. Mr. Benson did not explain to any of the individual clients that he may have a conflict of interest by having an attorney-client relationship with both SFP and the individual clients. Mr. Benson also provided legal advice and training to the nonlawyer agents regarding estate-planning documents.
In April 1994, a couple met with SFP agents and purchased an estate-planning package. The agents delivered the couple’s information and the purchased documents to Mr. Benson, with instructions to prepare the documents. Mr. Benson prepared the documents based solely on the agents’ instructions. He did not review any personal or financial information, or discuss anything with the couple. The documents Mr. Benson prepared were not necessary or appropriate for the couple. For example, the documents contained community property provisions, when the couple had never lived in a community property state during their marriage. Mr. Benson delivered the documents to the agent for execution and instructions on how to fund the living trust. The documents were not properly executed.
Mr. Benson’s actions violated the following provisions of the Oregon Code of Professional Responsibility: DR 5-101(A) and DR 5-105 (E), prohibiting representation of multiple parties in the same transaction who may have adverse interests; DR 3-101(A) and DR 3-102(A), prohibiting aiding nonlawyers in the unlawful practice of law; DR 108(A), prohibiting accepting payment from someone other than the client, without consent; DR 5-108(B), requiring lawyers to use independent judgment when representing clients; and DR 6-101(A), requiring lawyers to provide competent representation to clients.
Douglas Ende represented the Bar Association. Mr. Benson represented himself.
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