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Linda J. Whitt (WSBA No. 21249, admitted 1991), of Olympia, was disbarred effective July10, 2003, by order of the Washington State Supreme Court following a hearing. This discipline was based on her conduct in 1998 and 1999 involving making false or misleading statements to a client, and providing false statements and documentation to the Association. For additional information, please see In re Discipline of Whitt, 149 Wn.2d 707, 72 P.3d 173 (2003).
In February 1997, Ms. Whitt filed a police-misconduct action for her client. After the client identified a different defendant at deposition, opposing counsel filed a malicious-prosecution counterclaim. Ms. Whitt negotiated the dismissal of her client's action in exchange for dismissal of the counterclaim. The court dismissed the client's action with prejudice in November 1998. Ms. Whitt did not inform her client of the counterclaim or the dismissal. In April 1999, the client contacted Ms. Whitt about discovery issues on his case. Ms. Whitt told the client that she was retiring and could no longer represent him. Ms. Whitt sent the file to the client. The client then learned that his case had been dismissed with prejudice and filed a grievance. In January 2000, Ms. Whitt submitted false information and fabricated documents with her response to the Association.
Ms. Whitt's conduct violated RPCs 8.4(c), prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation; 8.4(d), prohibiting conduct prejudicial to the administration of justice; 1.2, requiring lawyers to abide by the client's decisions concerning the objectives of the representation; 1.3 and 3.2, requiring lawyers to diligently represent their clients and expedite litigation; and 1.4, requiring lawyers to keep their clients reasonably informed of the status of their matters; and RLD 2.8(b) (now ELC 5.3(e)), requiring lawyers to promptly cooperate with disciplinary investigations.
Linda Eide and Sachia Stonefeld Powell represented the Bar Association. Kurt Bulmer and Thomas D. Overcast represented Ms. Whitt. Michael L. Lewis was the hearing officer.
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