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Robert C. Lyons (WSBA No. 22275, admitted 1992), of Tacoma, was disbarred, following two separate hearings, by order of the Supreme Court, effective November 19, 2002. This discipline is based on conflicts of interest, dishonesty and criminal conduct from 1994 through 2000.
Matter 1: In 1995, Mr. Lyons agreed to represent a client in a marital dissolution. During the first meeting, Mr. Lyons suggested that the client work for an escort service to earn extra money. Mr. Lyons called the client repeatedly for three months, asking if she would have an affair with him. The client began cooperating with the Tacoma Police Department by allowing a phone tap and wearing a microphone and transmitter. During these conversations, Mr. Lyons asked the client to perform oral sex and suggested that he should “try her out” and then provide a reference to his friend at the escort service. Mr. Lyons fondled the client when she tried to leave his office. The conversation ended with Mr. Lyons paying the client for her agreement to have sex with him. When the media coverage of this matter aired, several other women reported similar conduct to the Tacoma Police Department.
Matter 2: In March 2000, Mr. Lyons agreed to represent Mr. and Ms. C. in a personal injury action based on a 1999 automobile accident. In December, Mr. Lyons told Mr. C that the insurance company was only willing to pay $1,100. The client agreed to this settlement amount, so long as he received the money before Christmas. On December 18, 2000, the insurance company issued a $2,250 settlement check to Mr. C and Mr. Lyons. Mr. Lyons deposited the check into his trust account without the client’s signature. In March 2000, Mr. Lyons closed his office, without disbursing any of the settlement funds to Mr. C. Mr. Lyons took no action on Ms. C’s case. The driver’s insurance company paid Mr. C. his portion of the settlement, even though the company had paid this amount earlier to Mr. Lyons.
Matter 3: In January 2000, Mr. Lyons agreed to provide pro bono representation to clients of a women’s shelter. In early December 2000, Mr. Lyons began representing a shelter client whose parental rights were apparently being terminated. Mr. Lyons told the client the representation would cost $100 per month. On December 27, 2000, during a meeting at the client’s home, Mr. Lyons discussed his personal problems, pretended to be emotional and asked the client to give him a hug. Mr. Lyons then convinced the client to move to her bedroom, undressed her and had sexual intercourse with her, despite her objections. The client was intimidated by Mr. Lyons’ large size and manipulated by his promise to get her children back. On December 31, 2000, Mr. Lyons arrived at the client’s house just before midnight. Mr. Lyons demanded to have sex with the client, she refused and he left. Mr. Lyons called the client several times, asking her to say sexual things over the telephone. On February 5, 2001, the shelter asked Mr. Lyons to cease all contact with its clients. Mr. Lyons falsely told the shelter director that the client had been the aggressor. Mr. Lyons’ conduct caused the client to relapse in her treatment, leading the court to place her children with a relative.
Matter 4: In summer 1999, Mr. Lyons agreed to represent the mother in a child custody matter. Mr. Lyons suggested that the client provide sexual favors as payment for his legal services. The client initially said no, but agreed as she became more desperate for legal assistance. This arrangement continued for months. When the client refused to provide sexual favors, Mr. Lyons offered to pay her money for sex. In July 2000, Mr. Lyons told the client that he loved her and was going to leave his wife and family. The client did not want to develop a relationship with Mr. Lyons and was eventually able to terminate the sexual relationship. In November 2000, while trying to remove a ring from the client’s finger, Mr. Lyons picked her up and threw her on the ground. Mr. Lyons was charged with fourth degree assault. Despite a no contact order, Mr. Lyons entered the client’s house while she was sleeping. Mr. Lyons attempted to have anal sex with the client and in the process choked her unconscious and pinned her down. The client was eventually able to contact the police.
Matter 5: In 1999, a client retained Mr. Lyons to collect a judgment she was awarded in a defamation case and to represent her in a lawsuit filed against her. Mr. Lyons prepared one form dismissing the lawsuit, when the plaintiff did not show up for trial. In October 2000, the client paid Mr. Lyons $2,000 to represent her in another lawsuit filed by a lawyer to collect his fees. Mr. Lyons told the client that the arbitration was continued, so she did not attend. The arbitration was not continued and the arbitrator entered a $35,000 default judgment against the client. Mr. Lyons told the client he would deposit the client’s $35,000 in his trust account to prevent the lawyer from collecting, convert it to his own use and the client could recover the money from the Lawyers Fund for Client Protection. Mr. Lyons also borrowed money from the client and used her credit card for over $3,000 more than their agreement.
Matter 6: In early 2000, Mr. Lyons agreed to represent the husband in a marriage dissolution action. In April 2000 the parties reached an agreement including a $3000 payment from the wife to the husband. In February 2001, the wife’s lawyer sent the $3,000 to Mr. Lyons. Mr. Lyons deposited the check, but did not notify his client. In April 2001, the client filed his own motion for a contempt judgment against the wife for failure to pay the $3,000. Prior to the hearing, the client stopped by Mr. Lyons office and learned that Mr. Lyons was no longer there. The client learned in court, for the first time, that the wife had made the payment. The back of the check contains two signatures, but neither is the client’s. The client never received his funds.
Mr. Lyons’ conduct violated RPCs 8.4(a), prohibiting attempting to violate the RPCs through the acts of another; 8.4(b), prohibiting committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation; 8.4(d), prohibiting conduct prejudicial to the administration of justice; 1.7(b), prohibiting representation of a client if the representation may be materially limited by the lawyer’s own interests; 1.8(k), prohibiting sexual relations with a current client, unless a consensual relationship existed at the time the representation began; 1.14, requiring lawyers to promptly notify a client of the receipt of funds and pay the funds to the client when requested; 2.1, requiring lawyers to exercise independent judgment; 1.8, prohibiting lawyers from entering business transactions with clients, unless the terms are fair and reasonable, the client consents and has a reasonable opportunity to seek independent legal advice; 1.4, requiring lawyers to keep clients reasonably informed of the status of their matters; and 1.3, requiring lawyers to act with reasonable diligence and promptness.
James Trujillo represented the Bar Association in the first hearing and Sachia Stonefeld Powell in the second. Kurt Bulmer represented Mr. Lyons in a portion of the the first matter and Mr. Lyons represented himself in the second. Carolyn Lake was the Hearing Officer in the first hearing and Thomas Jerome Greenan in the second. |