Discipline Notice - Willard Hatch

License Number: 1513
Member Name: Willard Hatch
Discipline Detail
Action: Censure
Effective Date: 11/2/1998
RPC: 1.8 - (prior to 9/1/2006) Conflict of Interest; Prohibited Transactions; Current Client
Discipline Notice:
Description: Seattle lawyer Willard Hatch (WSBA No. 1513, admitted August 5, 1948) has been ordered censured following a hearing. This discipline is based on Mr. Hatch’s entering a business transaction adverse to his client without allowing the clients a reasonable opportunity to seek the advice of independent counsel, as required by RPC 1.8(a) and (b). Mr. Hatch was the billing lawyer for clients in both a litigation and a bankruptcy matter. Mr. Hatch and another lawyer from his firm discussed with the clients the possibility of securing the firm’s fees. Mr. Hatch mailed the clients an assignment of a deed of trust and a UCC financing statement to secure Mr. Hatch’s firm’s fees. The clients did not sign or return these documents. Later, Mr. Hatch briefly discussed a lien on the clients’ three-and-one-half-acre property to secure the firm’s fees. In the minutes prior to a settlement conference, Mr. Hatch presented to the clients a deed of trust assignment and financing statement for the three-and-one-half acres. The clients testified that when they had questions about the amount of fees to be covered and the interest rate, they were told to sign the documents before they went to the settlement conference. They signed the documents. The clients retained subsequent counsel to set aside the deed of trust. The hearing officer found that Mr. Hatch believed that he had cleared the idea of the deed of trust with the clients in the earlier telephone conversation.
By presenting the deed and security documents to the clients just prior to the settlement conference, Mr. Hatch prevented them from obtaining independent legal advice on this adverse business transaction, as required by RPC 1.8.
The hearing officer was Jack Rosenow. Special Disciplinary Counsel Julian C. Dewell represented the Bar Association. Thomas Kelly and Frederic Tausend represented Mr. Hatch.


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