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Island County lawyer Lorinda Noble (WSBA No. 9257, admitted October 30, 1979) has been ordered censured pursuant to a stipulation to censure approved by the Disciplinary Board on November 20, 1998. This discipline is based on Ms. Noble’s assisting in the unauthorized practice of law and practicing law with a person who was not a lawyer.
From December 1990 through May 15, 1991, Ms. Noble worked as an independent contractor for Accident and Medical Investigations (AMI). AMI’s brochure stated that it investigated and settled accident claims. Dick McClelland, who is not a lawyer, was the president of AMI. Although Ms. Noble did not give Mr. McClelland permission, she knew that he used her name on AMI’s letterhead. This letterhead identified Mr. McClelland as "President" and Ms. Noble as "Associate Counsel." Ms. Noble received a paycheck from AMI every two weeks. Ms. Noble reviewed client files, ordered updated med-ical reports, and wrote demand letters. She did not receive or review any settlement checks. Ms. Noble wanted to be involved in the client’s claims from beginning to end, and did not want Mr. McClelland to use her name on the letterhead. When these things did not change, Ms. Noble terminated her association with AMI. In September 1997, Mr. McClelland pled guilty to mail fraud, was sentenced to 24 months in prison, and was ordered to pay more that $200,000 in restitution. Ms. Noble’s conduct in allowing her name to be used on AMI’s letterhead and on demand letters violated RPC 5.5(b), assisting the unauthorized practice of law. Her conduct in entering into an employment relationship with Mr. McClelland, and allowing him to direct and regulate her professional judgment violated RPC 5.4(c) and/or 5.4(d), which prohibits a lawyer from allowing an employer to regulate a lawyer’s professional judgment and prohibits practicing with a nonlawyer.
Linda B. Eide represented the Bar Association. Ms. Noble represented herself.
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