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Rolfy DeDamm (WSBA No. 20476, admitted 1991), of Bellevue, received a censure on December 18, 2002, based on a stipulation approved by the Disciplinary Board. This discipline is based on his filing and failing to release an inappropriate lien from 2000 through 2001.
In July 1999, a client retained the DeDamm law firm to represent him in a rape investigation. The client was engaged to the victim’s mother and was purchasing a home with her. On July 27, 1999, the home purchase closed and on August 12, 1999, the client quit claimed all interest in the property to the victim’s mother. Later, the engagement was called off. On March 22, 2000, Mr. DeDamm’s firm filed a Notice of Attorney Lien against the home for the client’s $58.675.64 unpaid attorney’s fees. Mr. DeDamm believed that the client had an interest in the property, but did not confirm this prior to signing the lien. The client was convicted and sentenced to life in prison. Mr. DeDamm learned of the quit claim deed shortly after the July 2000 sentencing hearing. In March 2001, another lawyer wrote to Mr. DeDamm requesting that the lien be released. In April 2001, the mother filed a grievance against Mr. DeDamm. Mr. DeDamm took no actions to release the lien until after the civil suit settled and the mother agreed to drop the grievance. Mr. DeDamm was not aware that the attorney lien statute does not allow liens on real property.
Mr. DeDamm’s conduct violated RPCs 3.1, prohibiting lawyers from bringing a proceeding unless there is a nonfrivolous basis for doing so; 4.4, prohibiting using means that have no purpose other than to embarrass, delay or burden a third person; and 8.4(d), prohibiting conduct prejudicial to the administration of justice.
Sachia Stonefeld Powell represented the Bar Association. Mr. DeDamm represented himself.
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