| Description: |
Bellingham lawyer John D. Aaby (WSBA No. 5451, admitted 1973) has been disbarred by order of the Supreme Court effective February 24, 1999. The discipline is based upon his assaulting, taking sexually explicit pictures and asking highly personal questions of his female clients, and giving instructions leading to submission of an altered document to the Bar Association.
Matter 1. Mr. Aaby represented a 22-year-old client in a personal injury case. After taking several pictures of the client’s injuries, Mr. Aaby asked the client to remove her bodysuit so he could take pictures of bruises on her buttocks. Mr. Aaby took several sexually explicit pictures of his client and made several sexually oriented remarks and suggestions. Mr. Aaby also engaged in sexual contact with this client. Mr. Aaby was charged with second-degree rape and taking indecent liberties. He pleaded guilty to fourth-degree assault.
Matter 2. In 1990, Mr. Aaby represented a 22-year-old client who had been in an automobile accident. During the case, several patients of the client’s orthopedic physician alleged sexual contact by the orthopedist. The orthopedic physician treated the client for injuries she sustained in an earlier automobile accident. Mr. Aaby discussed the orthopedist’s conduct with the client. Mr. Aaby also discussed a possible lawsuit against the doctor who performed the client’s unsatisfactory breast surgery. In 1995, Mr. Aaby arranged to go to the client’s home to discuss a settlement and take pictures of the client’s injuries. The client arranged to have her mother present, but Mr. Aaby asked the mother to leave. Mr. Aaby then asked the client to remove her shirt and took pictures of her unclothed breasts in several poses. He also touched the damaged areas, and other areas, of her breasts. Mr. Aaby asked the client to reenact what occurred with the orthopedic physician. He asked the client specific questions and repeatedly touched her, questioning if he was touching her the way the orthopedist did. Mr. Aaby left quickly when the client’s brother knocked on the door. Mr. Aaby displayed the photographs of the client’s breasts to his office staff, when not necessary for the representation.
Matter 3. In 1994, Mr. Aaby represented a female client in a personal injury case. He met with the client several times, usually with another staff member. On one occasion, Mr. Aaby met with the client alone. During this meeting, Mr. Aaby falsely told the client that he and several Seattle lawyers were studying issues of sex related to abuse. He explained to the client that she could help other women by answering the same questions they answered. Mr. Aaby then asked his client questions about her sexual practices and past emotional, physical and sexual abuse. These questions do not appear to have been related to the representation.
Matter 4. In 1993, WSBA received a grievance against a member of Mr. Aaby’s firm. WSBA later asked for a complete copy of the client file. Mr. Aaby’s firm’s usual practice was to keep an ongoing chronological computer file for each case, called an "intake sheet." The firm member discussed WSBA’s file request with Mr. Aaby. After this discussion, Mr. Aaby went to a secretary with a highlighted "intake sheet," and negligently gave instructions which the secretary reasonably interpreted as telling her to delete the highlighted portions.
Mr. Aaby’s conduct violated RPC 8.4(b), which prohibits criminal conduct that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; RPC 8.4(c), which prohibits a lawyer from engaging in acts involving dishonesty, fraud, deceit or misrepresentation; RPC 1.7(b), stating that a lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer’s own interests; RPC 3.4(a), stating that a lawyer shall not alter, destroy or conceal a document or other material having potential evidentiary value, or counsel or assist another person to do any such act; and RPC 3.4(b), stating that a lawyer shall not falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law.
Maureen Devlin represented the Bar Association. Kurt Bulmer represented Mr. Aaby. The hearing officer was David T. Patterson.
|