| Description: |
Thomas P. Robinson (WSBA No. 11269, admitted 1980), of Spokane, received a reprimand on May 4, 2001, based on a stipulation approved by the Disciplinary Board. This discipline is based on his failure to avoid a conflict of interest in 1995.
In 1995, Mr. Robinson represented Ms. S in a guardianship petition for her father’s estate. Ms. S was appointed guardian and then, in October 1995, the father died. Ms. S was appointed personal representative of the father’s estate and retained Mr. Robinson to represent the estate and complete the probate. The estate’s main asset was a bank account with a $194,000 balance. Ms. S. told Mr. Robinson that she and the father, prior to his death, signed documents converting the bank account to a joint account with right of survivorship. The other heirs believed the bank account to be an estate asset. Mr. Robinson also learned that the bank refused to recognize the signature card purporting to create the joint account. Mr. Robinson agreed to advocate Ms. S’s position without advise Ms. S or the other heirs about the conflict or obtaining their written consent to continue the representations. Mr. Robinson withdrew from the representation in 1996. In 1997, the court found that the account was an estate asset.
Mr. Robinson’s conduct violated RPC 1.7(a), prohibiting representing a client if the representation will be directly adverse to another client, unless the lawyer believes the representation will not adversely affect the relationship with the other client and both clients consent in writing after full disclosure and consultation.
Leslie Allen represented the Bar Association. J. Donald Curran represented Mr. Robinson.
|