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Forrest L. Dexter (WSBA No. 16537, admitted 1986), formerly of Veradale, was suspended for 2 years, effective March 27, 2003, by order of the Washington State Supreme Court, following a hearing. This discipline was based on his false statements and prejudicial conduct in 1998 during and after a deposition.
Mr. Dexter represented Mr. M. In July 1998, Mr. Dexter sued Mr. M for failing to abide by a contingent fee agreement. Mr. M’s counsel, Ms. A scheduled Mr. Dexter’s deposition. In response to a question about his residence address, Mr. Dexter stated:
“None of your business. I do all my work from my office and as you instructed your client to answer yesterday, it’s none of your business where I live. And as far as having sex with you, forget it. I’m not interested.” Ms. A. responded: “Mr. Dexter, please do not pose any personal comments to me of that kind. This is a deposition. Could you please, restrict it to the questions asked?” Mr. Dexter answered: “I was just responding to your request and I refuse to have sex with you under any circumstances.”
Following the deposition, Mr. Dexter wrote the following in a letter to Ms. A.: “Your attempt to expose yourself by spreading your legs from time to time during the deposition on Tuesday, January 12, 1999 does not impress me. It disgusts me. Please keep your legs together whenever in my presence. I consider it unprofessional and sexual harassment.” Mr. Dexter made similar false statements to opposing counsel.
Ms. A filed a motion to withdraw from the case. Mr. Dexter objected to the withdrawal. In his objection to the withdrawal, Mr. Dexter told the court that Ms. A had offered him sexual favors in return for settling the case and alleged that she had exposed herself to him during the deposition. Mr. Dexter’s allegations were false. The court allowed Ms. A to withdraw and granted a continuance.
Mr. Dexter’s conduct violated RPCs 4.1(a), prohibiting knowingly making a false statement of fact or law to a third person; 4.4, which prohibits lawyers from using means that have no substantial purpose other than to embarrass, delay or burden a third person; 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation and 8.4(d), prohibiting conduct prejudicial to the administration of justice.
Joseph C. Klein and Anthony Butler represented the Bar Association. Mr. Dexter represented himself. Terence M. Ryan was the hearing officer.
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